STATE V. ABBOTT
36 N.J. 63, 174 A.2d 881 (1961)
NATURE OF THE CASE: Abbott (D) appealed an order affirming his conviction for atrocious
assault and battery, a crime that violated N.J. Stat. Ann. 2A:90-1.
FACTS: D shared a common driveway with his neighbors, Michael and Mary Scarano. The
Scaranos engaged a contractor to pave their portion. D obtained some asphalt from the
contractor and made a doorstop to keep his garage door from swinging onto the Scaranos'
property. Nicholas Scarano, the son, objected to Ds innovation. After some words between
them a fist fight ensued. D landed the first punch, and Michael Scarano came at D with a
hatchet. Mary Scarano followed, armed with a carving knife and large fork. All of the
Scaranos were hit by the hatchet. Nicholas received severe head injuries. D claimed a
laceration. D admitted he wrested the hatchet from Michael but denied he wielded it at all.
D insisted that the Scaranos were injured during a common struggle for the instrument. D was
separately indicted for atrocious assault and battery upon each of the Scaranos. There was a
common trial of these indictments. The jury acquitted D of the charges relating to Michael
and Mary, but found him guilty as to Nicholas. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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