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State v. Abbott

Supreme Court of New Jersey
174 A.2d 881 (1961)


Facts

Abbott (defendant) got into a fist fight with Nicholas Scarano over a dispute involving a driveway Abbott shared with Michael and Mary Scarano.  Michael Scarano then came after Abbott with a hatchet while Mary Scarano followed with a carving knife and a large fork. The parties’ accounts of what happened differed, but each of the Scaranos was ultimately hit by the hatchet. Abbott was indicted for atrocious assault and battery upon each of the Scaranos. A jury acquitted Abbott of the charges related to Michael and Mary Scarano, but found him guilty of the charge related to Nicholas Scarano. Abbott appealed.

Rule of Law

Issue

Holding and Reasoning (Weintraub, J.)

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