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STATE v. CARTER

64 N.J. 382 (1974)

316 A.2d 449

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MILTON CARTER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 6, 1974.

Attorney(s) appearing for the Case

Mrs. Rosemary K. Reavey, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender).

Messrs. Robert D. Clarke and Elson Kendall, Assistant Prosecutors, argued the cause for respondent (Mr. Karl Asch, Union County Prosecutor).

Mr. David S. Baime, Deputy Attorney General, argued the cause for Amicus Curiae Attorney General of New Jersey (Mr. George F. Kugler, Jr., Attorney General of New Jersey, Mr. William Welaj, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by PASHMAN, J.

This appeal calls upon us to consider the propriety of conditional release for those adjudicated insane both at the time of the commission of an offense and at trial, necessitating commitment to the state hospital and dismissal of the indictment pursuant to N.J.S.A. 2A:163-2.

On January 10, 1969, Milton Carter walked into police headquarters in Plainfield...

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