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State v. Mulvihill

57 N.J. 151 (1970)

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State v. Mulvihill

New Jersey Supreme Court
57 N.J. 151 (1970)

CS

Facts

Officer Dowling noticed Mulvihill (defendant) pouring something from a bottle into a paper cup while standing outside of a pizzeria, in a town where the public consumption of alcohol was illegal. Dowling approached and asked what was in the cup. Mulvihill threw the cup to the ground and refused to answer Dowling’s questions or to let Dowling smell his breath. Dowling grabbed Mulvihill and the two began to struggle and eventually fell to the ground. When they arose, Mulvihill tried to break free, but Dowling pulled his gun and struck Mulvihill on the head with it. The two men then fell to the ground again, where Mulvihill attempted to push the gun away from himself while Dowling was attempting to point it at him. The gun fired but did not strike anyone. Mulvihill then punched Dowling in the face. Additional police arrived and Mulvihill was subdued and arrested. He was charged with assault and battery on a police officer. At trial the court refused to allow Mulvihill to present evidence on the issue of self-defense, and Mulvihill was convicted. He appealed, alleging that he should have been allowed to claim self-defense at trial. The appellate court reversed the conviction, and the state appealed.

Rule of Law

Issue

Holding and Reasoning (Francis, J.)

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