STATE v. GALLOWAY


133 N.J. 631 (1993)

628 A.2d 735

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STEVEN ANTHONY GALLOWAY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 2, 1993.


Attorney(s) appearing for the Case

Edward P. Hannigan, Deputy Public Defender II, argued the cause for appellant (Zulima V. Farber, Public Defender, attorney).

Linda A. Rinaldi, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).


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

In this case, defendant admits shaking a three-month-old child hard several times, thereby injuring the child and causing his eventual death. A jury found defendant guilty of murder as well as of endangering the welfare of a child. Although defendant does not deny causing the child's death, he claims that because of diminished capacity he could not form the intent necessary for the crime of murder.

On appeal...

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