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State v. Branam

New Jersey Supreme Court


Decided: March 26, 1979.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
CAROL BRANAM, DEFENDANT-RESPONDENT

On certification to the Superior Court, Appellate Division, whose opinion is reported at 161 N.J. Super. 53 (1978).

For affirmance -- Chief Justice Hughes and Justices Mountain, Sullivan, Pashman, Clifford, Schreiber and Handler. For reversal -- None. Schreiber, J., concurring. Schreiber, J., concurring in the result.

Per Curiam

[79 NJ Page 301]

The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division.

SCHREIBER, J., concurring. I concur in the result, for it is not necessarily inconsistent to assert the defense of entrapment and simultaneously to deny commission of the crime under circumstances such as here, where defendant denies having the requisite mens rea. However, with respect to the elements of entrapment, I continue to adhere to the views expressed in my concurring opinion in State v. Talbot, 71 N.J. 160, 169 (1976).

19790326


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