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STATE v. HANLY

127 N.J. Super. 436 (1974)

317 A.2d 746

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PAUL J. HANLY, SR., AND JOHN K. HANLY, DEFENDANTS-APPELLANTS. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN K. HANLY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Mr. Gregory B. Reilly argued the cause for appellants in A-896-72 (Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys; Mr. Harold Rabner on the brief).

Mr. Irving Vogelman argued the cause for appellant in A-1719-72 (Messrs. Brown, Vogelman & Ashley, attorneys; Mr. Raymond A. Brown of counsel).

Mr. Frank L. Holstein, Deputy First Assistant Prosecutor argued the cause for respondent (Mr. Geoffrey Gaulkin, Huddon County Prosecutor and Mr. Edwin H. Stern, Special Deputy Attorney General, Acting Hudson County Prosecutor, attorneys; Mr. Mart Vaarsi, Deputy Attorney General on the brief).

Before Judges CONFORD, HANDLER and MEANOR.

The opinion of the court was delivered by HANDLER, J.A.D.

In each of these consolidated cases it is contended that the trial court erroneously instructed the jury with respect to the requisite mental state required as an element of the crime charged under N.J.S.A. 2A:135-3. In the case in which both John and Paul Hanly are defendants (A-896-72), they were found guilty of the first count of a six-count indictment. The gravamen of the first count was that John...

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