STATE v. ROBINSON


139 N.J. Super. 475 (1976)

354 A.2d 374

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GARY ROBINSON AND DEREK VAN AUSTIN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1976.


Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellants (Mr. Daniel W. O'Mullan, designated attorney, of counsel and on the brief for appellant Gary Robinson; and Mr. Philip S. Elberg, designated attorney, of counsel and on the brief for appellant Derek Van Austin).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. David L. Rhoads, Assistant Prosecutor, of counsel and on the brief).

Before Judges KOLOVSKY, BISCHOFF and BOTTER.


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

Defendants were convicted of second degree murder. The victim, Nathan "Dukie" Mitchell, was shot on a street in East Orange on February 16, 1972. With leave of the court, separate appeal briefs were filed for each defendant, and each asserts various errors in the trial judge's instructions to the jury.

The State offered evidence tending to support a case...

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