Supreme Court of New Jersey· 6/20/1994

State v. Smith

Citations

642 A.2d 978
136 N.J. 245
1994 N.J. LEXIS 502

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that theft of services is not a lesser-included offense of armed robbery because they have different “operative ingredient[s] -- deception in the one case, the threat of immediate bodily injury in the other”
holding defendant indicted for armed robbery not entitled to instruction on theft of services, such offense constituting neither lesser-included offense nor lesser related offense but separate uncharged harm
“A defendant should not be allowed to alter the State’s trial strategy by admitting the commission of an unrelated, less serious offense, and then having the court charge the jury, over the State’s objection, that it can return a verdict on that offense”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Hern

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.