State of New Jersey, Plaintiff-Respondent v. David M. Mirault, Defendant-Appellant

Summary

The Court held that assaulting a police officer during a burglary qualifies as assault "upon another" for purposes of elevating theft to robbery, affirmed the robbery conviction, merged the aggravated assault conviction into the robbery conviction, and modified the burglary conviction to a lesser degree. The decisions were based on statutory construction of the New Jersey Code and merger principles.