State v. Schutte

The judgment of the Supreme Court is affirmed, for the reasons stated by Mr. Justice Garrison, speaking for that court, in an opinion reported in 87 N. J. L. 15.

We deem it wise, however, to call attention to a clause in the beginning of that opinion, which says: “The plaintiff in error was convicted of assault and battery by ‘willfully and unlawfully’ striking and wounding one Thomas Mitchell with an automobile, as charged in the indictment.

“Upon the trial before the judge of the Quarter Sessions, a jury having been waived, the allegations of the indictment were sustained by proof that the…