STATE v. JOHNSTON


257 N.J. Super. 178 (1992)

608 A.2d 364

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS W. JOHNSTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1992.


Attorney(s) appearing for the Case

Edward A. Jerejian and John P. Dell'Italia argued the cause for appellant (Dell'Italia, Affinito & Jerejian, attorneys, Edward A. Jerejian, of counsel, Edward A. Jerejian, John P. Dell'Italia and Robert S. Miseo, on the brief).

Robert D. Kobin and Joseph Connor, Jr., Assistant Morris County Prosecutors, argued the cause for respondent (W. Michael Murphy, Jr., Morris County Prosecutor, attorney, Joseph Connor, Jr., of counsel and on the brief).

Before Judges MICHELS, O'BRIEN and HAVEY.


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

In October 1985, the Morris County Grand Jury indicted defendant Thomas W. Johnston for (1) purposely and/or knowingly murdering Irmgard D. Johnston, his wife, a first degree crime, in violation of N.J.S.A. 2C:11-3a(1) and (2) (Count 1) and (2) knowingly and unlawfully possessing a hammer or bludgeon with a purpose to use it unlawfully against the person...

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