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STATE v. COLLIER

90 N.J. 117 (1982)

447 A.2d 168

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDDIE COLLIER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 6, 1982.

Attorney(s) appearing for the Case

Stephen E. Serbe, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. VanNess, Public Defender, attorney).

Roger S. Mitchell, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by POLLOCK, J.

The issue on this appeal is whether the trial court's direction of a verdict of guilty on a charge of contributing to the delinquency of a minor is harmless error in the trial of a charge for rape. The Appellate Division found the instruction to be harmless and affirmed the conviction. We believe the erroneous instruction contributed to the jury verdict on the charge of rape.

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