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STATE v. MAIK

60 N.J. 203 (1972)

287 A.2d 715

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GARY S. MAIK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Argued November 23, 1971.

Decided February 22, 1972.

Attorney(s) appearing for the Case

Mr. Alfred M. Bitting, Assistant Prosecutor, argued the cause for appellant (Mr. Dominick J. Ferrelli, Burlington County Prosecutor, attorney).

Mr. Harold C. White, Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the Court was delivered by WEINTRAUB, C.J.

Defendant was convicted of murder in the second degree. The Appellate Division reversed, holding the trial court should have directed an acquittal on the ground of insanity at the time of the killing. The matter was remanded to determine whether insanity continues, defendant to be discharged if sane and to be committed if his insanity persists. 114 N.J.Super. 470 (1971...

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