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STATE v. WYATT

154 N.J. Super. 339 (1977)

381 A.2d 394

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALTON WYATT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Ms. Cynthia M. Jacob, Assistant Public Defender, of counsel and on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. Marc J. Friedman, Assistant Prosecutor, of counsel and on the brief).

Before Judges ALLCORN, MORGAN and HORN.

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

Convicted by jury of second degree murder, defendant appeals, contending that (1) the trial judge committed plain error in his charge on manslaughter when he failed to define the meaning of malice; (2) he should have granted defendant's motions for acquittal or judgment notwithstanding the verdict, and (3) the 10-15-year State Prison sentence was excessive.

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