State v. Terry

Supreme Court of New Jersey

State v. Terry

194 A.2d 457, 41 N.J. 1, 1963 N.J. LEXIS 129

CourtSupreme Court of New Jersey

DecidedOctober 21, 1963

StatusPublished

Cited by3 cases

This text of 194 A.2d 457 (State v. Terry) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Terry, 194 A.2d 457, 41 N.J. 1, 1963 N.J. LEXIS 129 (N.J. 1963).

Pincite

Opinion

The opinion of the court was delivered

Per Curiam:.

Defendant appeals from a conviction of murder in the second degree. She asserted self-defense. The evidence raised a jury question upon that issue and it was left to the jury.

The defense requested a charge that the burden was upon the State to prove beyond a reasonable doubt that the claim of self-defense was untrue and that there must be a verdict of not guilty if the jury found a reasonable doubt as to whether defendant killed in self-defense. The request was in the very language of State v. Abbott, 36 N. J. 63, 72 (1961), and defendant expressly referred to that case in her written request. The trial court should have so charged. Instead it instructed the jury that the burden of persuasion was upon defendant. The judgment must therefore be reversed and the matter remanded to the end that there may be a retrial.

For reversal —■ Chief Justice Weintraub and Justices Jacobs, Erancis, Proctor, Hall, Schettino and Hane-MAN-7.

For affirmance—None.

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The opinion of the court was delivered

Per Curiam:.

Defendant appeals from a conviction of murder in the second degree. She asserted self-defense. The evidence raised a jury question upon that issue and it was left to the jury.

The defense requested a charge that the burden was upon the State to prove beyond a reasonable doubt that the claim of self-defense was untrue and that there must be a verdict of not guilty if the jury found a reasonable doubt as to whether defendant killed in self-defense. The request was in the very language of State v. Abbott, 36 N. J. 63, 72 (1961), and defendant expressly referred to that case in her written request. The trial court should have so charged. Instead it instructed the jury that the burden of persuasion was upon defendant. The judgment must therefore be reversed and the matter remanded to the end that there may be a retrial.

For reversal —■ Chief Justice Weintraub and Justices Jacobs, Erancis, Proctor, Hall, Schettino and Hane-MAN-7.

For affirmance—None.

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Bluebook (online)

194 A.2d 457, 41 N.J. 1, 1963 N.J. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-terry-nj-1963.

Opinion

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