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STATE v. KYLES

166 N.J. Super. 343 (1979)

399 A.2d 1027

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEO KYLES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1979.

Attorney(s) appearing for the Case

Ms. Cynthia M. Jacob, designated counsel, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney. Mr. Michael L. Perlin and Ms. Laura M. Lewinn, Deputy Director, Division of Mental Health Advocacy, on the brief).

Mr. Robert E. Rochford, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges CONFORD, PRESSLER and KING.

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

The essential question raised by this appeal is whether N.J.S.A. 2A:104-6, creating and defining the indictable offense of escape, applies to and hence renders criminally culpable an unauthorized departure from a psychiatric institution by a person involuntarily committed thereto. We are convinced that it does not and accordingly, on that ground alone, we reverse the judgment of conviction here appealed...

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