Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Gail Madden, Defendant-Respondent; State of New Jersey…

July 26, 197261 N.J. 377

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's reversal of the murder convictions of George Merritt and Gail Madden and remanded for a new trial with proper jury instructions. The Court held that first‑degree murder of a police officer requires intent to kill, that the trial court's conspiracy instruction was erroneous, and that the aiding‑and‑abetting instruction was defective. Justice Francis dissented, arguing that the convictions should be reinstated.