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STATE v. GRUNOW

199 N.J. Super. 241 (1985)

488 A.2d 1098

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM GRUNOW, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1985.

Attorney(s) appearing for the Case

John J. Barry argued the cause for appellant (Wolff & Samson, attorneys; John J. Barry, Joseph A. Hayden, John P. McDonald and Michael J. Rogers, on the brief).

Boris Moczula, Deputy Attorney General, argued the cause for respondent (Michael R. Cole, Acting Attorney General of New Jersey, attorney; Boris Moczula on the brief).

Before Judges PRESSLER, BRODY and HAVEY.

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

Indicted for murder, defendant was acquitted of that crime but found guilty by a jury of aggravated manslaughter. He was sentenced to 20 years of imprisonment, 10 years to be served before parole eligibility. In charging the jury, the judge erroneously placed upon defendant the burden of proving that he was acting under the stress of reasonable provocation sufficient to reduce murder to provocation/passion manslaughter...

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