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State v. Goldberg
New Jersey Superior Court, Appellate Division
79 A.2d 702 (1951)
Jerome Goldberg (defendant) and his brother argued with their father in the family’s place of business. When Goldberg’s father left to get a wooden reel to use as a weapon, Goldberg did not leave. Goldberg’s father returned and attempted to hit Goldberg with the reel. Goldberg responded by pushing his father up against a wall and temporarily choking him. Goldberg was charged with assault and battery, but he claimed that he had used force only in self-defense. The trial court found that because Goldberg could have left when his father went to get the reel but did not, he had not acted in self-defense and was guilty of assault and battery. On appeal, Goldberg argued that (1) he had no duty to retreat and (2) under the correct law, the only possible conclusion from the evidence was that he had acted in self-defense.
Rule of Law
Holding and Reasoning (Jayne, J.)
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