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STATE v. BOWENS

108 N.J. 622 (1987)

532 A.2d 215

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEON BOWENS, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY TYRONE RIVERS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 29, 1987.

Attorney(s) appearing for the Case

Arthur S. Safir, Deputy Attorney General, argued the cause for appellant State of New Jersey (W. Cary Edwards, Attorney General of New Jersey, attorney).

William Welaj, Designated Counsel, argued the cause for appellant Anthony Tyrone Rivers (Alfred A. Slocum, Public Defender, attorney; Thomas C. Miller, Designated Counsel, of counsel and on the brief).

Jane F. Tong, Deputy Attorney General, argued the cause for respondent State of New Jersey (W. Cary Edwards, Attorney General of New Jersey, attorney).

Robert Seelenfreund argued the cause for respondent Leon Bowens (Alfred A. Slocum, Public Defender, attorney; Peter B. Meadow, Assistant Deputy Public Defender, of counsel and on the brief).

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

In these appeals both defendants contend that they were incorrectly denied jury charges on imperfect self-defense. We hold that the Code of Criminal Justice, N.J.S.A. 2C:1-1 to 98-4, does not provide an independent category of justification, excuse, or mitigation under the concept of imperfect self-defense. We find, however, that evidence that will sustain the defense at common-law is frequently relevant...

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