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STATE v. BOWENS

205 N.J. Super. 548 (1985)

501 A.2d 577

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEON BOWENS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1985.

Attorney(s) appearing for the Case

Robert Seelenfreund, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Acting Public Defender, attorney; Peter B. Meadow, Assistant Deputy Public Defender, of counsel and on the brief).

Donna Chin, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; Helena Gorochow, Deputy Attorney General, of counsel and on the brief).

Before Judges FURMAN, PETRELLA and COHEN.

PER CURIAM.

Defendant appeals from his conviction of murder, N.J.S.A. 2C:11-3a(1) or (2), following a seven-day jury trial. We reverse and remand because of error in the trial court's refusal to charge reckless manslaughter and in its failure to charge aggravated manslaughter sua sponte.

At issue is whether a killing by excessive force in self-defense may be aggravated or reckless manslaughter, not murder, under the Code of Criminal Justice....

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