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STATE v. McDOUGALD

120 N.J. 523 (1990)

577 A.2d 419

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY TYRONE McDOUGALD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 12, 1990.

Attorney(s) appearing for the Case

Tina R. Boyer and Claudia Van Wyk, Assistant Deputy Public Defenders, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Tina R. Boyer, Claudia Van Wyk, and Mark H. Friedman, Assistant Deputy Public Defender, on the briefs).

Marijean Raffetto Stevens, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by GARIBALDI, J.

Defendant, Anthony McDougald, was convicted by a jury of the brutal murders of Walter Bass and his wife, Maria Bass, and sentenced to death. He appeals directly to this Court as of right. R. 2:2-1(a)(3). We affirm defendant's convictions for murder. We set aside the death penalty, however, based on an erroneous charge regarding N.J.S.A. 2C:11-3c(4)(c),...

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