STATE v. ENGELS


2 N.J. Super. 126 (1949)

64 A.2d 897

THE STATE OF NEW JERSEY, RESPONDENT, v. MATTHEW W. ENGELS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1949.


Attorney(s) appearing for the Case

Mr. David R. Brone argued the cause for the respondent (Mr. Lewis P. Scott, attorney).

Mr. Joseph H. Blumberg argued the cause for the defendant-appellant.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

Engels, who is a State Fish and Game Warden, was convicted of an atrocious assault and battery committed upon one Frank Perona by shooting him with a .22 caliber revolver. Engels' defense was this: He was about to search Perona's light automobile truck for game under authority of R.S. 23:10-20; Perona attacked him, and he shot in self-defense.

A few minutes before the shooting, Engels, who was...

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