State v. Maik

The opinion of the Court was delivered by

Weintbaub, C. J.

Defendant was convicted of murder in the second degree. The Appellate Division reversed, holding the trial court should have directed an acquittal on the ground of insanity at the time of the killing. The matter was remanded to determine whether insanity continues, defendant to be discharged if sane and to be committed if his insanity persists. 114 N. J. Super. 470 (1971). We granted the State’s petition for certification. 58 N. J. 596 (1971). Although we find error in the trial court’s charge requiring a new trial as to the defense of…