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STATE v. MULVIHILL

57 N.J. 151 (1970)

270 A.2d 277

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JACK WOODROW MULVIHILL, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 29, 1970.

Attorney(s) appearing for the Case

Mr. Raymond R. Trombadore, First Assistant Prosecutor, argued the cause for appellant (Mr. Michael R. Imbriani, Somerset County Prosecutor, attorney).

Mr. Daniel R. Coburn, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by FRANCIS, J.

Defendant Mulvihill was charged by indictment with violating N.J.S.A. 2A:90-4 in that he allegedly committed an assault and battery upon a Somerville policeman who was in uniform and acting in the performance of his duty at the time. He was convicted at a jury trial in which the court refused to allow him to defend by asserting self-defense and declined to submit that issue to the jury for determination...

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