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STATE v. JONES

183 N.J. Super. 172 (1982)

443 A.2d 738

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHRISTOPHER JONES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1982.

Attorney(s) appearing for the Case

Lawrence Magid, Assistant Prosecutor, Gloucester County, argued the cause for appellant.

John M. Apicella, Assistant Deputy Public Defender, argued the cause for respondent (Stanley C. Van Ness, Public Defender, attorney).

John J. Degnan, former Attorney General of New Jersey, filed a brief and appendix amicus curiae (James R. Zazzali, Attorney General of New Jersey, attorney; Debra L. Stone, Deputy Attorney General, of counsel and on the brief).

Before Judges FRITZ, ARD and TRAUTWEIN.

The opinion of the court was delivered by FRITZ, P.J.A.D.

Defendant secured the dismissal of an indictment charging him with carnal abuse, without objection by the State, on the ground that that particular offense had been abrogated by N.J.S.A. 2C:1-1 et seq., the New Jersey Code of Criminal Justice (hereafter the new Criminal Code, or the Code). The State presented the same facts to a grand jury which...

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