State v. Bowens

The opinion of the Court was delivered by

O’HERN, J.

In these appeals both defendants contend that they were incorrectly denied jury charges on imperfect self-defense. We hold that the Code of Criminal Justice, N.J.S.A. 2C:1-1 to 98-4, does not provide an independent category of justification, excuse, or mitigation under the concept of imperfect self-defense. We find, however, that evidence that will sustain the defense at common-law is frequently relevant to the presence or absence of the essential elements of Code offenses. Accordingly, we affirm the judgment of the Appellate Division in…