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STATE v. MORAN

73 N.J. 79 (1977)

372 A.2d 1092

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM J. MORAN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for plaintiff-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Stanley J. Kaczorowski argued the cause for defendant-respondent (Messrs. Stamler, Mitzner & Kaczorowski, attorneys).

The opinion of the court was delivered by SULLIVAN, J.

This appeal poses the question whether defendant can be convicted of assault and battery upon a police officer, and also of atrocious assault and battery, based on a single assault on the same officer. The Appellate Division held in the negative. We affirm.

The facts are undisputed. On May 21, 1974, defendant, who was then 25 years old, having falsely reported to...

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