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STATE v. MOLNAR

161 N.J. Super. 424 (1978)

391 A.2d 1225

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THEODORE MOLNAR, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1978.

Attorney(s) appearing for the Case

Mr. Michael J. Herbert, assigned counsel, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Robert E. Rochford, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges ALLCORN, MORGAN and HORN.

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

Conviction by jury of two counts of perjury (N.J.S.A. 2A:131-1) and one count of misconduct in office (N.J.S.A. 2A:85-1), defendant appeals, contending that (1) entrapment was established as a matter of law or, at least, should have been submitted to the jury as a factual issue; (2) trial court error occurred when the trial judge instructed the jury that defendant bore the burden of

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