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STATE v. PENNINGTON

119 N.J. 547 (1990)

575 A.2d 816

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK PENNINGTON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 21, 1990.

Attorney(s) appearing for the Case

Lois De Julio, First Assistant Deputy Public Defender, and James L. Jukes, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Nancy A. Hulett, 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 POLLOCK, J.

A jury found defendant, Frank Pennington, guilty of capital murder, felony murder, and possession of a firearm with the intent to use it unlawfully. He appealed the capital conviction as of right. R. 2:2-1(a)(3). As the State concedes, the trial court failed to instruct the jury that defendant was not guilty of capital murder if he knowingly or purposely caused serious bodily injury that resulted in death...

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