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STATE v. YOUNG

148 N.J. Super. 405 (1977)

372 A.2d 1117

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROOSEVELT YOUNG, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1977.

Attorney(s) appearing for the Case

Mr. Stanford M. Singer, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. James R. Kinarney, Assistant Deputy Public Defender, of counsel; Messrs. James R. Kinarney and Alexander R. Lehrer on the brief).

Mr. Robert E. Rochford, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges BISCHOFF, MORGAN and FURMAN.

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

This appeal presents the novel issue of whether New Jersey recognizes the common law rule that, in order to constitute punishable homicide, death must occur within "a year and a day" of the inflicting of the mortal wound.

The facts are relatively uncomplicated.

On September 17, 1972 defendant Roosevelt Young entered the home of his estranged wife, Patricia. Once inside he saw Samuel Story sitting...

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