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State v. Council

Supreme Court of New Jersey
Jun 5, 1967
49 N.J. 341 (N.J. 1967)

Opinion

Argued May 9, 1967 —

Decided June 5, 1967.

Mr. Myron P. Maurer argued the cause for appellant.

Mr. Richard B. McGlynn, Assistant Prosecutor, argued the cause for respondent ( Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).


The opinion of the court was delivered


Defendant was indicted for the murder of one Jake C. McKenzie on June 6, 1965. After a six-day trial the jury found him guilty of manslaughter and he was sentenced to State Prison for seven to ten years. He has appealed directly to this Court under R.R. 1:2-1(c).

The verdict was amply justified on the evidence, and no suggestion to the contrary is made on this review. In fact there was substantial evidence which would have supported a verdict of a higher degree of criminal homicide, if such conclusion had been reached by the jury.

The only ground of appeal asserted by defendant is that a portion of the trial court's charge on the subject of self-defense was erroneous. When such a criticism is made, an appellate tribunal does not treat excerpts from a charge in isolation; the charge is examined as a whole and if on such study prejudicial error does not appear the verdict must stand. State v. Hipplewith, 33 N.J. 300 , 317 (1960). We have examined the entire charge here, particularly as it deals with the matter of self-defense, and although it is not as clear or as comprehensive as it might have been, we cannot say that it reveals prejudicial error.

Affirmed.

For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.

For reversal — None.


Summaries of

State v. Council

Supreme Court of New Jersey
Jun 5, 1967
49 N.J. 341 (N.J. 1967)
Case details for

State v. Council

Case Details

Full title:STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM COUNCIL, A/K/A…

Court:Supreme Court of New Jersey

Date published: Jun 5, 1967

Citations

49 N.J. 341 (N.J. 1967)
230 A.2d 383

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