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State v. Talley

Citations

  • 466 A.2d 78
  • 94 N.J. 385
  • 1983 N.J. LEXIS 2748

How courts have described this case

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

  • holding that a defendant indicted for armed robbery could be convicted of theft by deception predicated on the victims' account that defendant forced them at gunpoint to surrender their wallets, but defendant testified at trial that he sold the victims herbal tea instead of marijuana
  • allowing court to charge theft by deception where defendant was indicted for robbery even though former charge is not a lesser included offense of robbery
  • defendant charged with robbery could be convicted of theft by deception in light of consolidation of theft offenses and defendant's own testimony
  • theft by deception, while not strictly lesser-included-offense of robbery, is nonetheless “embraced” within robbery
  • theft by deception, while not strictly lesser-included-offense of robbery, is nonetheless \embraced\ within robbery
  • “The common unifying conception in all these [theft offenses] is the ‘involuntary transfer of property.’” (cleaned up) (quoting Final Report of the New Jersey Criminal Law Revision Commission, Vol. II: Commentary (1971), § 2C:20–2, at 216)

Source: CourtListener parenthetical corpus (CC0).

Judges: Clifford

Read full opinion on CourtListener

Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

Other cases with this name

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