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IN RE APPEAL OF TUCH

159 N.J. Super. 219 (1978)

387 A.2d 1199

IN THE MATTER OF THE APPEAL OF EMIL K. TUCH, PLAINTIFF-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 1978.

Attorney(s) appearing for the Case

Mr. Francis J. Hartman argued the cause for appellant (Messrs. Hartman, Schlesinger, Schlosser & Faxon, attorneys; Ms. Barbara Van Horn Colsey on the brief).

Mr. Frederick W. Hardt argued the cause for respondent Township of Riverside (Mr. Maurice Denbo, attorney).

Mr. John J. Degnan, Attorney General, filed a statement in lieu of brief on behalf of the Civil Service Commission (Mr. William F. Hyland, former Attorney General; Mr. Henry D. Blinder, Deputy Attorney General, of counsel and on the statement).

Before Judges ALLCORN, MORGAN and HORN.

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

Appellant Emil Tuch, a Riverside Township (township) police officer, was indicted in June 1974 for atrocious assault and battery, and misconduct in office. The charges arose out of defendant's alleged conduct in striking a manacled prisoner without cause, the blow resulting in injury to the prisoner. A jury trial resulted in appellant's acquittal of atrocious assault and battery; however, he was found guilty of...

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