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State v. Saunders
New Jersey Supreme Court
381 A.2d 333 (1977)
- Written by Deanna Curl, JD
Facts
Charles Saunders and Bernard Busby (defendants) were charged with rape, assault with intent to commit rape, and armed robbery. Both men admitted to having intercourse with the two alleged victims but claimed the sex was consensual. At trial, the judge instructed the jury that if they did not find Saunders and Busby guilty of the charged offenses, they could find the men guilty of the lesser included offense of fornication. The jury ultimately found Saunders and Busby guilty of fornication. Saunders appealed the conviction, alleging the crime of fornication violated the right to privacy guaranteed by the New Jersey Constitution.
Rule of Law
Issue
Holding and Reasoning (Pashman, J.)
Concurrence (Schreiber, J.)
Dissent (Clifford, J.)
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