Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Benjamin A. Christener, Jr., Defendant-Appellant
July 14, 197671 N.J. 55
Summary
The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial because the trial court’s instruction on first‑degree murder was unsupported by the evidence and constituted prejudicial error. The Court held that an instruction on a charge lacking evidentiary foundation is reversible error, even though the jury returned a manslaughter verdict. Justice Hughes filed a concurring opinion emphasizing the stand‑your‑ground rule in a dwelling, while Justice Conford dissented, arguing no error and recommending a reduced sentence.