State v. Mulvihill

The opinion of the court was delivered by

Francis, J.

Defendant Mulvihill was charged by indictment with violating N. J. S. A. 2A :90-4 in that he allegedly committed an assault and battery upon a Somerville policeman who was in uniform and acting in the performance of his duty at the time. He was convicted at a jury trial in which the court refused to allow him to defend by asserting self-defense and declined to submit that issue to the jury for determination. On appeal, the conviction was reversed and a new trial ordered. State v. Mulvihill, 105 N. J. Super. 458 (App. Div. 1969). This Court…