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STATE v. GRUNOW

102 N.J. 133 (1986)

506 A.2d 708

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM GRUNOW, A/K/A WILLIAM BANKS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Boris Moczula, Deputy Attorney General, argued the cause for appellant (Michael R. Cole, Acting Attorney General of New Jersey, attorney).

John J. Barry, argued the cause for respondent (Wolff & Samson, attorneys).

The opinion of the Court was delivered by O'HERN, J.

Defendant was tried to a jury for capital murder. The jury acquitted the defendant of murder but convicted him of aggravated manslaughter. On appeal, the Appellate Division reversed the conviction because the instructions to the jury impermissibly shifted the burden of proof to defendant to establish that the act was "committed in the heat of passion resulting from a reasonable provocation" (N.J.S.A. 2C:11...

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