State v. Wilder

In a senseless act of savagery, defendant David Wilder stomped to death a helpless young man. The Appellate Division determined that the trial court committed plain error in including first-degree murder among the array of charges against defendant that were sent to the jury. Notwithstanding that the jury acquitted defendant of murder, the appellate panel reversed defendant’s conviction on the lesser-included offense of aggravated manslaughter. The panel found that there was a “real possibility” that defendant was prejudiced by jury overcharge caused by inclusion of the murder charge. See…