State v. Moran

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 the police that he had found a bundle of bloodied clothing, led an investigating officer into a wooded area and, when the officer’s back was turned, struck the officer over the head…