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State v. Branam

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

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 ...


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