Opinion

State v. Brown

  • 154 N.J. Super. 511
  • 381 A.2d 1231
Court
New Jersey Superior Court Appellate Division
Filed
Dec 16, 1977
Status
Published
On the bench
Judges Matthews, Crane and Antell
Cited by
11 cases
Authority
More cited than 68.9%

The opinion

154 N.J. Super. 511 (1977)

381 A.2d 1231

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,

v.

REGINALD BROWN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Argued December 6, 1977.

Decided December 16, 1977.

*512 Before Judges MATTHEWS, CRANE and ANTELL.

Mr. Michael A. Querques argued the cause for appellant ( Mr. Stuart M. Kurtzer on the brief).

Ms. Elizabeth Vort, Deputy Attorney General, argued the cause for respondent ( Mr. William F. Hyland, Attorney General, attorney. Mr. Daniel A. Swick, Deputy Attorney General, of counsel and on the brief).

PER CURIAM.

We affirm the judgment of the Law Division substantially for the reasons expressed in Judge Bachman's opinion which is reported in 143 N.J. Super. 571 .

In affirming, we note that defendant was charged with and convicted of atrocious assault and battery, a high misdemeanor. N.J.S.A. 2A:90-1. Thus, this case does not involve a simple assault and battery either in the civil (common law) or disorderly persons ( N.J.S.A. 2A:170-26) sense. We find no necessity, under the present circumstances, to decide whether consent of the victim might constitute a complete defense to the latter situations. We do agree with Judge Bachman, however, that a victim cannot consent to the infliction of an atrocious assault and battery on his person and thus effectively bar the prosecution of his attacker.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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