For the defendant in error, J. Victor Carton, Prosecutor of the Pleas, and John M. Pillsbury, Assistant Prosecutor.
For the plaintiff in error, Joseph F. Mattice and William J. O'Hagan.
Before Case, Chief Justice, and Justice Burling.
The opinion of the court was delivered by
CASE, CHIEF JUSTICE. The defendant was convicted in the Monmouth County Court of Quarter Sessions of the crime of rape. The matter is brought before us by the defendant below on assignments of error and also on specifications of causes for reversal.
"That Diamond Bruno, late of the City of Long Branch, in the County of Monmouth, on the Seventh day of May, in the year of Our Lord one thousand nine hundred and forty-five, with force and arms, at the City of Long Branch aforesaid, in the County aforesaid, and within the jurisdiction of this Court, in and upon one Irma St. Laurent, in the peace
of God and of this State then there being, violently and feloniously did make an assault * * *."
The court included this finding and direction within its charge to the jury:
"The indictment does allege that, 'The defendant, Diamond Bruno, late of the City of Long Branch and County of Monmouth, on the 7th day of May in the Year of Our Lord One Thousand Nine Hundred Forty-Five, with force at (sic) arms at the City of Long Branch aforesaid and County aforesaid and within the jurisdiction of this Court * * *.' Even though there is no direct allegation in this indictment of an offense which may have occurred in Ocean Township as was told to you by Mr. Mattice, that does not make any difference, because the Court of its own motion, which it has a right to do, amends the indictment to read, 'At the City of Long Branch and the Township of Ocean.' So that you may consider the indictment as including the two offenses that you have heard testified to during these past two days."
Defendant alleges harmful error therein.
The complaining witness testified that the defendant committed a rape upon her in an automobile in the rear of a closed hotel in the City of Long Branch; that some hours later he committed a rape upon her on a bed in a cabin connected with "Colony Court Motel," in the adjoining Township of Ocean, a distance of several miles, to which the defendant had meanwhile driven the car; and that she was constantly under forceful restraint and for a part of the time was unconscious. The defendant testified that the incident alleged to have taken place in the car at Long Branch did ...