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STATE v. MULVIHILL

105 N.J. Super. 458 (1969)

253 A.2d 175

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JACK MULVIHILL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1969.

Attorney(s) appearing for the Case

Mr. Daniel R. Coburn argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Richard Newman, Deputy Public Defender, of counsel).

Mr. Raymond R. Trombadore, First Assistant Prosecutor, argued the cause for respondent (Mr. Michael R. Imbriani, Somerset County Prosecutor, attorney).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This case involves the question whether, notwithstanding our decision in State v. Koonce, 89 N.J.Super. 169 (App. Div. 1965), the defense of self-defense applies in a criminal assault and battery prosecution where a police officer uses excessive force in compelling a suspect of disorderly conduct to submit to interrogation. The fact situation just assumed...

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