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STATE v. DUTTON

112 N.J. Super. 402 (1970)

271 A.2d 593

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAYMOND DUTTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1970.

Attorney(s) appearing for the Case

Mr. William P. Gilroy, assigned attorney, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Gilroy, of counsel on the brief).

Mr. Edward R. Rosen, Asst. Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney; Mr. Elliot L. Katz, Asst. Prosecutor, of counsel on the brief).

Before Judges KILKENNY, HALPERN and LANE.

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

Defendant appeals from a judgment of conviction for atrocious assault and battery (N.J.S.A. 2A:90-1). His motion for a new trial was denied, and he was sentenced to the New Jersey State Prison for a term of three to five years.

A brief summary of the facts is necessary to understand the issues raised by defendant. The State's proofs indicated...

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