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STATE v. MORRISON

85 N.J. 212 (1981)

426 A.2d 47

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DANIEL MORRISON, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 10, 1981.

Attorney(s) appearing for the Case

Debra L. Stone, Deputy Attorney General, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney).

David M. Freeman argued the cause for respondent (Ruggierio and Freeman, attorneys).

The opinion of the Court was delivered by PASHMAN, J.

We have held today in a companion case, State v. Smith, 85 N.J. 193 (1981), that a husband could be convicted of raping his own wife under our former rape statute, N.J.S.A. 2A:138-1. In Smith, we considered the common law marital exemption from rape, which was never expressly adopted in this State, and determined that such an exemption would not have applied...

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