Opinion
Argued May 9, 1967 —
Decided June 5, 1967.
Mr. Myron P. Maurer argued the cause for appellant.
Mr. Richard B. McGlynn, Assistant Prosecutor, argued the cause for respondent ( Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).
The opinion of the court was delivered
Defendant was indicted for the murder of one Jake C. McKenzie on June 6, 1965. After a six-day trial the jury found him guilty of manslaughter and he was sentenced to State Prison for seven to ten years. He has appealed directly to this Court under R.R. 1:2-1(c).
The verdict was amply justified on the evidence, and no suggestion to the contrary is made on this review. In fact there was substantial evidence which would have supported a verdict of a higher degree of criminal homicide, if such conclusion had been reached by the jury.
The only ground of appeal asserted by defendant is that a portion of the trial court's charge on the subject of self-defense was erroneous. When such a criticism is made, an appellate tribunal does not treat excerpts from a charge in isolation; the charge is examined as a whole and if on such study prejudicial error does not appear the verdict must stand. State v. Hipplewith, 33 N.J. 300 , 317 (1960). We have examined the entire charge here, particularly as it deals with the matter of self-defense, and although it is not as clear or as comprehensive as it might have been, we cannot say that it reveals prejudicial error.
Affirmed.
For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.
For reversal — None.