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STATE v. ABBOTT

64 N.J. Super. 191 (1960)

165 A.2d 537

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK ABBOTT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1960.

Attorney(s) appearing for the Case

Mr. Charles Handler argued the cause for defendant-appellant (Mr. Joel F. Handler, on the brief).

Mr. Martin L. Greenberg, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney; Mr. John F. Crane, First Assistant Prosecutor, of counsel and on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

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

Defendant was charged in three separate indictments with the crime of atrocious assault and battery, N.J.S. 2A:90-1, allegedly committed upon Nicholas Scarano, Michael Scarano and Mary Scarano. He appeals a jury determination of guilty in the Essex County Court on indictment No. 1658, involving the alleged assault upon Nicholas Scarano.

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