STATE v. BERRY


41 N.J. 547 (1964)

197 A.2d 687

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ARTHUR M. BERRY, JR. AND ALBERT TOMASELLO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 17, 1964.


Attorney(s) appearing for the Case

Mr. Solomon Forman, Assistant County Prosecutor, argued the cause for the appellant (Mr. Augustine A. Repetto, Atlantic County Prosecutor, attorney; Mr. Ernest Curtis, of counsel and on the brief).

Mr. Edward I. Feinberg argued the cause for the respondents (Messrs. Feinberg, Fishman & Ginsburg, attorneys).


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

The Atlantic County Court granted the defendants' motions to dismiss indictments for atrocious assault and battery in violation of N.J.S. 2A:90-1, and threats to kill and murder in violation of N.J.S. 2A:113-8. The State appealed to the Appellate Division and we certified before argument there.

Vernon McCoy was the chef or short order cook at a diner located in Hammonton. During the early morning...

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