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State v. Roman

Decided: April 18, 1979.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANDREW ROMAN, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Essex County.

Halpern, Ard and Antell. The opinion of the court was delivered by Ard, J.A.D.

Ard

Tried to a jury, defendant was found guilty of first degree murder (N.J.S.A. 2A:113-1 and 2) and murder while armed (N.J.S.A. 2A:151-5). He received the mandatory life sentence and a concurrent 3-5-year State Prison term on the armed feature of the offense. On appeal he alleges:

POINT I The rule providing that the defendant shall have the

burden of proving insanity by a preponderance of evi-

dence is violative of State Constitutional guarantees

of due process of law and should be abolished.

POINT II The trial court erred in failing to charge the jury that

voluntary use of drugs can operate to reduce the de-

gree of culpability from first to second degree murder.

(Partially raised below).

POINT III The trial court erred in failing to instruct the jury

that a defendant's mental illness can operate to reduce

the degree of culpability from first to second degree

murder. (Not raised below).

POINT IV The trial court erred in refusing to ...


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