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STATE v. CHAVIES

785 A.2d 1 (2001)

345 N.J. Super. 254

STATE of New Jersey, Plaintiff-Respondent, v. Christopher M. CHAVIES, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 2001.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant, (Donald T. Thelander, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for respondent, (Michael J. Williams, Deputy Attorney General, of counsel and on the brief).

Before Judges HAVEY, BRAITHWAITE and WEISSBARD.

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

The central issue in this appeal is whether defendant's murder conviction should be reversed because of the judge's charge to the jury that the act of homicide permits the jury to draw an inference that defendant's "purpose was to take life or cause serious bodily injury resulting in death." We conclude that the instruction was erroneous and had the clear...

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