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Here, where the evidence clearly raised a question of whether the death and the injuries that caused it had occurred in New Jersey or Pennsylvania, the trial judge's failure to charge the jury on the element of territorial jurisdiction was plainly erroneous, despite the fact that defendant had presented no proofs or argument regarding the locus of the crime, had not requested a charge on the subject, and had not raised the issue of jurisdiction in the trial court.
March 07, 2005 at 12:00 AM
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