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STATE v. MOLNAR

81 N.J. 475 (1980)

410 A.2d 37

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

The Supreme Court of New Jersey.

Decided January 10, 1980.

Attorney(s) appearing for the Case

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

Mr. Michael J. Herbert, Designated Counsel, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by PASHMAN, J.

This appeal presents issues relating to the defenses of entrapment and amnesia. Defendant Theodore Molnar was convicted of misconduct in office, N.J.S.A. 2A:85-1, and two counts of perjury, N.J.S.A. 2A:131-1. A divided Appellate Division ordered a new trial because of the court's instruction placing the burden of persuasion as to amnesia on defendant. State v. Molnar, 161...

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