State v. Galloway

The opinion of the Court was delivered by

HANDLER, J.

In this case, defendant admits shaking a three-month-old child hard several times, thereby injuring the child and causing his eventual death. A jury found defendant guilty of murder as well as of endangering the welfare of a child. Although defendant does not deny causing the child’s death, he claims that because of diminished capacity he could not form the intent necessary for the crime of murder.

On appeal, the Appellate Division found that the trial court had erroneously instructed the jury concerning the burden of proof on the…