STATE v. BREAKIRON


108 N.J. 591 (1987)

532 A.2d 199

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

The Supreme Court of New Jersey.

Decided October 29, 1987.


Attorney(s) appearing for the Case

Claudia Van Wyk, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).


The opinion of the Court was delivered by O'HERN, J.

This case concerns the scope of the "diminished capacity" defense afforded by N.J.S.A. 2C:4-2. The particular question presented is whether the trial court erred in refusing to charge the jury that evidence of diminished capacity resulting from a mental disease or defect was relevant to the question of whether defendant's admitted killing of another was knowing or purposeful.

Defendant has confessed...

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