STATE v. JENKINS


156 N.J. Super. 9 (1976)

383 A.2d 153

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN JENKINS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 25, 1976.


Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. John A. Snowdon, Jr., Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Edgar F. Devine, Jr., Deputy Attorney General, of counsel and on the brief).

Before Judges SEIDMAN and CRANE.


PER CURIAM.

Defendant was charged in a three-count indictment with murder (N.J.S.A. 2A:113-1 and 2), murder while armed (N.J.S.A. 2A:151-5) and assault with intent to kill (N.J.S.A. 2A:90-2). A jury found him guilty of manslaughter while armed. His motion for a new trial was denied and he was sentenced to a 6-9 year term for manslaughter and a concurrent term of 2-3 years for being armed. He appeals.

He contends that (1) the trial judge...

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