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 and ordered a new trial, holding that the trial court’s jury instructions on conspiracy, aiding and abetting, and the degree of murder were erroneous. The Court interpreted the 1965 amendment to require intent to kill for a first‑degree murder of a police officer, with intent to cause bodily injury resulting only in second‑degree murder. It also clarified the proper instruction on voluntary manslaughter and affirmed the remand. Justice Francis dissented, arguing the defendants received a fair trial and the convictions should be reinstated.