State v. Villar

The opinion of the Court was delivered by

O’HERN, J.

From the evidence, a jury could have found that defendant struck a woman in the face with a beer stein, causing her serious bodily injury. A beer stein meets the statutory definition of a weapon as an object readily capable of “inflicting serious bodily injury.” N.J.S.A 2C:89-1r. The principal issues are (1) whether defendant can be convicted under N.J.S.A 2C:39-4d, possession of a weapon (the beer stein) for the unlawful purpose of striking the woman; and (2) whether, following a reversal for incorrect jury instructions, there may be a…