The opinion of the court was delivered by SCHETTINO, J.
This is an appeal from a conviction of atrocious assault and battery.
On June 17, 1966, at approximately 12:30 P.M., an Elizabeth policeman found the deceased, John Schlagenhaft, lying beaten and helpless alongside a brook in a city park. The victim, covered with "crusty blood" and clothed only in a ripped T-shirt and a pair of socks, was removed to a hospital where he died at 8:05 A.M. on June 20.
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