STATE v. POWELL


175 N.J. Super. 407 (1979)

419 A.2d 427

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LARRY POWELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1979.


Attorney(s) appearing for the Case

Edward Kopelson, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney).

Kenneth N. Lipstein, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges MATTHEWS, KOLE and MILMED.


PER CURIAM.

Defendant, a police officer, was convicted by a jury of second degree murder of the woman with whom he lived. The murder occurred in their apartment. He was also convicted of the murder while armed with a gun. He appeals.

Defendant contends that it was reversible error for the trial judge to have denied his request to charge manslaughter, notwithstanding his disavowal on the stand of the statement...

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