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STATE v. ABBOTT

36 N.J. 63 (1961)

174 A.2d 881

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

The Supreme Court of New Jersey.

Decided November 6, 1961.

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).

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

Frank Abbott was convicted of atrocious assault and battery. The Appellate Division affirmed, 64 N.J.Super. 191 (1960), and we granted certification, 34 N.J. 176 (1961).

Abbott shared a common driveway with his neighbors, Michael and Mary Scarano. The Scaranos engaged a contractor to pave their portion. Abbott obtained some asphalt...

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