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STATE v. ATKINS

78 N.J. 454 (1979)

396 A.2d 1122

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

The Supreme Court of New Jersey.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Ms. Ileana N. Saros, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Ms. Susan T. Sinins, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by SCHREIBER, J.

Defendant was convicted in a jury trial of breaking and entering with intent to steal and was sentenced to serve a three-to-five-year term in State Prison. On appeal the Appellate Division, one judge dissenting, reversed. The majority found that the failure to instruct the jury that voluntary intoxication could negate the specific intent element of the offense charged...

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