STATE v. HOPSON


119 N.J. Super. 84 (1972)

290 A.2d 295

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELLA HOPSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1972.


Attorney(s) appearing for the Case

Mr. Edward Carl Broege argued the cause for appellant (Messrs. Broege, Fogel & Weinglass, attorneys).

Mr. Elson P. Kendall, Assistant Prosecutor, argued the cause for respondent (Mr. Karl Asch, Union County Prosecutor, attorney).

Statement in lieu of brief submitted by Mr. Michael R. Perle, Deputy Attorney General, for the State of New Jersey, intervenor (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges COLLESTER, MINTZ and LYNCH.


PER CURIAM.

Defendant was indicted on two counts: (1) in public, inciting an assault upon Albert Carhart, a municipal officer of the City of Linden, while in uniform, contrary to N.J.S.A. 2A:148-10(b), and (2) assault and battery upon said officer while acting in the performance of his duties, contrary to N.J.S.A. 2A:90-4(a).

Defendant's motion for dismissal of the indictment was denied in an opinion reported in 109 N.J.Super...

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