State v. Chavies

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

The central issue in this appeal is whether defendant’s murder conviction should be reversed because of the judge’s charge to the jury that the act of homicide permits the jury to draw an inference that defendant’s “purpose was to take life or cause serious bodily injury resulting in death.” We conclude that the instruction was erroneous and had the clear capacity to produce an unjust result. See R. 2:10-2. We therefore reverse defendant’s murder conviction and remand for a new trial on that offense. Because defendant will have to be…