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 held that the trial court erred by giving the jury an instruction on first‑degree murder that was unsupported by the evidence, and that this error was prejudicial, requiring reversal of the manslaughter conviction and a new trial. The Court also articulated a general rule that trial judges may not instruct juries on criminal charges lacking evidentiary support. A dissent argued that the instruction was not erroneous and that the conviction should stand, albeit with a reduced sentence.