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STATE v. McGRATH

17 N.J. 41 (1954)

110 A.2d 11

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN McGRATH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 13, 1954.

Attorney(s) appearing for the Case

Mr. Jack Prizzia argued the cause for the appellant.

Mr. Frank J.V. Gimino, Assistant Prosecutor of Hudson County, argued the cause for the respondent (Mr. Frederick T. Law, County Prosecutor).

The opinion of the court was delivered by VANDERBILT, C.J.

Three indictments were returned on December 9, 1952 against the defendant by the Hudson County grand jury, one for non-support of his wife, another for threatening to kill her, and a third, with which we are here concerned, containing two counts, the first count charging atrocious assault and battery and the second count charging simple assault and battery. All three...

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