A weapons offense should be merged into a substantive criminal charge when the evidence tends to prove the weapon was possessed unlawfully only to commit the substantive offense and no broader unlawful purpose was supported directly or circumstantially, the New Jersey Supreme Court held Tuesday.
In State v. Tate, a manslaughter case, the court said trial judges should follow State v. Diaz, 144 N.J. 628 (1996), which held that when “the only unlawful purpose in possessing the [weapon] is to use it to commit the substantive offense, merger is required.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
