The opinion of the court was delivered by J.H. COLEMAN, P.J.A.D.
The focus of this appeal is upon the positioning of a passion/provocation manslaughter jury charge in a murder trial. Because the initial jury instructions on murder did not define the elements to require the State to prove beyond a reasonable doubt the absence of passion/provocation, the murder conviction must be reversed.
This appeal follows a retrial in which defendant was again convicted...
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