STATE v. SPETH


731 A.2d 1232 (1999)

323 N.J. Super. 67

STATE of New Jersey, Plaintiff-Respondent, v. Claus P. SPETH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1999.


Attorney(s) appearing for the Case

Frederic J. Gross, Mt. Ephraim, for defendant-appellant (Mr. Gross and William H. Buckman, Moorestown, attorneys; Susan E. Babb, Mt. Ephraim, of counsel; Messrs. Gross and Buckman, on the brief).

Lisa Sarnoff Gochman, Trenton, for plaintiff-respondent (Peter Verniero, Attorney General, attorney; Ms. Gochman, of counsel and on the brief).

Before Judges LONG, WEFING and CARCHMAN.


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

This appeal requires us to determine: a) whether a prosecution for tampering with a witness, N.J.S.A. 2C:28-5a, requires the State to distinguish between tampering with physical evidence or testimony; and b) whether the trial judge committed plain error by failing to include in the jury charge a definition of "knowingly" as "being aware that it is practically...

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