STATE v. ROMAN


168 N.J. Super. 344 (1979)

403 A.2d 24

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDREW ROMAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued March 27, 1979.

Decided April 18, 1979.


Attorney(s) appearing for the Case

Mr. Stanford M. Singer, Assistant Deputy Public Defender, argued the cause for the appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Brian C. Matthews, Assistant Prosecutor, argued the cause for the respondent (Mr. John J. Degnan, Attorney General, attorney; Mr. Donald S. Coburn, Essex County Prosecutor, of counsel).

Before Judges HALPERN, ARD and ANTELL.


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

Tried to a jury, defendant was found guilty of first degree murder (N.J.S.A. 2A:113-1 and 2) and murder while armed (N.J.S.A. 2A:151-5). He received the mandatory life sentence and a concurrent 3-5-year State Prison term on the armed feature of the offense. On appeal he alleges:

  POINT I   The rule providing that the defendant shall have the
            burden of proving insanity by...

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