STATE v. LINDSEY


245 N.J. Super. 466 (1991)

586 A.2d 269

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DONALD L. LINDSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1991.


Attorney(s) appearing for the Case

John E. Shields, Jr. argued the cause for appellant (Hoffman, DiMuzio, Hoffman & Marcus, attorneys, Joseph J. Hoffman, of counsel, John E. Shields, Jr., on the brief).

Craig V. Zwillman, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney, Craig V. Zwillman of counsel and on the letter brief).

Before Judges KING, LONG and R.S. COHEN.


The opinion of the court was delivered by KING, P.J.A.D.

This appeal concerns the adequacy of instructions to the jury in a criminal case. The instructions were delivered partly orally and partly in writing. We conclude that the instructions in their totality were both inadequate and inartful. We hold that failure to read all of the proper instructions to the jury was reversible error.

The defendant was indicted on August 13, 1987 on charges of second-degree...

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