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STATE v. POLK

78 N.J. 539 (1979)

397 A.2d 327

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT POLK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Ms. Ileana N. Saros, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Barry T. Albin, Deputy Attorney General, of counsel and on the briefs).

Mr. Donald T. Thelander, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division.

PASHMAN, J., concurring.

I concur in the result and much of the reasoning of the Appellate Division's decision which we today affirm. I write separately to clarify that portion of its holding which relates to the nature and scope of the intoxication defense.

Voluntary intoxication is relevant in a murder prosecution only as...

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