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STATE v. MALINKA

51 N.J. 205 (1968)

238 A.2d 672

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FREDERICK MALINKA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 19, 1968.

Attorney(s) appearing for the Case

Mr. Richard L. Bonello argued the cause for appellant (Mr. Edmund J. Canzona, of counsel; Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. Thomas L. Yaccarino, Assistant County Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney).

The opinion of the court was delivered PER CURIAM.

Defendant was convicted of murder in the second degree. He appealed therefrom, alleging primarily that his motion for judgment of acquittal should have been granted on the ground that the evidence established that he was insane at the time of commission of the offense. Other grounds urged in his brief were that the verdict was contrary to the weight of the evidence on the insanity issue,

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