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STATE v. SHORT

131 N.J. 47 (1993)

618 A.2d 316

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN SHORT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 20, 1993.

Attorney(s) appearing for the Case

Matthew Astore, Deputy Public Defender II, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; Matthew Astore and Thomas C. Miller, Designated Counsel, of counsel and on the briefs).

Gary H. Schlyen, Chief Assistant Prosecutor, argued the cause for respondent (Ronald S. Fava, Passaic County Prosecutor, attorney).

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

In this case we must decide how a trial court should instruct a jury when the evidence would support a conviction on a lesser included offense to the offense charged but the statute of limitations has run on that lesser included offense.

I

Defendant John Short and his wife Candice Short resided together in an apartment in Belleville, New Jersey. Their marriage was not always smooth. In the fall...

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