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STATE v. GADSON

148 N.J. Super. 457 (1977)

372 A.2d 1143

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANNA GADSON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1977.

Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for appellant (Ms. Sara A. Friedman, Assistant Prosecutor, of counsel and on the brief).

Mr. Stanley C. Van Ness, Public Defender, attorney for respondent (Mr. James K. Smith, Jr., Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges MATTHEWS, SEIDMAN and HORN.

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

Defendant was tried for the murder of her husband. Although the defense of insanity was not pleaded, R. 3:12, certain testimony adduced during the trial raised the inference, at least in the mind of the trial judge, that defendant may have been temporarily insane at the time of the alleged offense. Accordingly, over the objection of counsel, he charged the jury on insanity and, relying on State...

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