State v. Canola

The opinion of the court was delivered by

Conford, P. J. A. D.,

Temporarily Assigned. Defendant, along with three confederates, was in the process of robbing a store when a victim of the robbery, attempting to resist the perpetration of the crime, fatally shot one of the co-felons. The sole issue for our resolution is whether, under N. J. S. A. 2A:113-1, defendant may be held liable for felony murder. A divided part of the Appellate Division determined the question in the affirmative. 135 N. J. Su*208per. 224 (1975). Because of the dissent, the appeal is here as of right. R. 2:2-1 (a).

The facts of…