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STATE v. MAIER

13 N.J. 235 (1953)

99 A.2d 21

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALBERT MAIER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued January 26, 1953. and

March 3, 1953.

Decided June 25, 1953.

Attorney(s) appearing for the Case

Mr. Walter R. Gottschalk argued the cause for the appellant.

Mr. Horace K. Roberson, County Prosecutor, argued the cause for the respondent.

Mr. Anthony P. La Porta argued the cause for the intervenor complaining witness.

Mr. Eugene T. Urbaniak, Deputy Attorney-General, argued the cause for the Attorney-General, amicus curiae.

Mr. Joseph Weintraub argued the cause for the Sub-Committee on the Revision of the Criminal Laws to the Advisory Committee on the Revision of Statutes, amicus curiae.

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

A complaint was made in the Municipal Court of Hoboken against the defendant Maier charging that "he did wilfully commit an assault and battery upon Frances Gianno by spitting upon the face and body of said Frances Gianno, all in violation of the Disorderly Persons Law, N.J.S. 2A:170-26," which is a new section, enacted December 5, 1951, reading as follows:

"Any person who commits an assault or an...

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