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STATE v. HARPER

128 N.J. Super. 270 (1974)

319 A.2d 771

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JESSE HARPER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1974.

Attorney(s) appearing for the Case

Mr. James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. L. Steven Pessin, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges HANDLER, MEANOR and KOLE.

The opinion of the court was delivered by HANDLER, J.A.D.

Defendant was indicted for armed robbery and murder. He was found guilty by a jury of felony murder and sentenced to life imprisonment. Because the trial court charged the jury only on felony murder and did not permit it to consider second degree murder or manslaughter, defendant now claims this constituted plain error requiring a reversal.

The murder of Robert Bradley was unwitnessed. The evidence...

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