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STATE v. MOORE

113 N.J. 239 (1988)

550 A.2d 117

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARIE MOORE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Arnold I. Budin and Roy B. Greenman, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Gary H. Schlyen, Acting Senior Assistant Prosecutor, argued the cause for respondent (John P. Goceljak, Acting Passaic County Prosecutor, attorney).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney; Arthur S. Safir, Deputy Attorney General, of counsel and on the briefs).

The opinion of the Court was delivered by GARIBALDI, J.

In November 1984, a Passaic County jury convicted Marie Moore of the capital murder of Theresa Feury and sentenced her to death. She appeals directly to this Court as of right. See R. 2:2-1(a)(3). We reverse both defendant's murder conviction and sentence of death. We reverse defendant's capital murder conviction because the trial court failed to charge the jury regarding diminished capacity and the lesser...

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