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STATE v. POLK

164 N.J. Super. 457 (1977)

397 A.2d 330

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT POLK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for the appellant (Mr. Donald T. Thelander, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General, attorney for the respondent (Mr. Julian Wilsey, Deputy Attorney General, of counsel and on the brief; Mr. Lowell Espey, Deputy Attorney General, of counsel and on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

Defendant was tried by a jury and convicted of first degree murder of Marcella Bonnie Melvins and atrocious assault and battery against Sharod Melvins.

He appeals the murder conviction and asserts:

I. The trial judge committed plain error by not instructing the jury that voluntary intoxication can operate to reduce the degree of culpability from first to second degree murder.

II. The judge erred in denying defense counsel's request...

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