State v. Berry

The opinion of the court was delivered by

Jacobs, J.

The Atlantic County Court granted the defendants’ motions to dismiss indictments for atrocious assault and battery in violation of N. J. S. 2A:90-1, and threats to kill and murder in violation of N. J. S. 2A :113-8. The State appealed to the Appellate Division and we certified before argument there.

■Vernon McCoy was the chef or short order cook at a diner located in Hammonton. During the early morning hours of February 14, 1963 the defendants Berry and Tomasello entered the diner and engaged in a scuffle with McCoy. After the scuffle they…