STATE V. CANOLA 73 N.J. 206, 374 A.2d 20 (1977) CASE BRIEF

STATE V. CANOLA
73 N.J. 206, 374 A.2d 20 (1977)
NATURE OF THE CASE: Canola (D) appealed a judgment which convicted defendant of two counts of felony murder in violation of N.J. Stat. Ann. 2A:113-1. D contends that that the lower court erred in holding him liable for the killing of his accomplice at the hands of a victim of a robbery in which D participated.
FACTS: D and three others (the four morons) decided to rob a jewelry store. The owner of the jewelry store and his employee attempted to resist the armed robbery and got into a physical fight with one of the robbers. A second robber began shooting and the store owner returned fire. Both the storeowner and one of the felons were fatally shot. D and the two remaining felons were charged with both deaths as well as other crimes. D was found guilty and given concurrent life terms. D appealed and review was granted on the issue of the death of the co-felon.

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LEGAL ANALYSIS:





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