holding that defendant's act of starving one child to near death was relevant to the issue of the defendant's wilful state of mind regarding the starvation of a second childSummary of this case from State v. Sanders
Argued January 21, 1975 —
Decided January 28, 1975.
Appeal from Superior Court, Appellate Division.
Mr. Carl W. Swanson, Jr., Assistant Prosecutor, argued the cause for the appellant ( Mr. John S. Kuhlthau, Middlesex County Prosecutor, attorney).
Ms. Jane G. Kleinfeld, Assistant Deputy Public Defender, argued the cause for the respondent ( Mr. Stanley Van Ness, Public Defender, attorney).
The judgment of the Appellate Division is reversed, and the conviction for manslaughter is reinstated and the conviction for child neglect is vacated substantially for the reasons expressed by Judge Allcorn in his dissenting opinion reported at 132 N.J. Super. 130, 147 (1974).
For reversal — Chief Justice HUGHES, Justices JACOBS, MOUNTAIN, SULLIVAN, PASHMAN and CLIFFORD and Judge KOLOVSKY — 7.
For affirmance — None.