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STATE v. ATKINS

151 N.J. Super. 555 (1977)

377 A.2d 718

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HOWARD WARREN ATKINS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1977.

Attorney(s) appearing for the Case

Ms. Mary Elizabeth Marchev, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Ms. Susan T. Sinins, Assistant Deputy Public Defender, of counsel and on the brief).

Ms. Ileana N. Saros, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges HALPERN, ALLCORN and BOTTER.

The opinion of the majority was delivered by BOTTER, J.A.D.

Defendant was convicted in a jury trial of breaking and entering with intent to steal and was sentenced to a three to five-year term in State Prison. On this appeal defendant contends that the trial judge erred (a) in charging the jury, in effect, that voluntary intoxication was not a defense to the crime charged, and (b) in admitting, over defendant's objection, exhibits showing that defendant had been convicted...

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