State v. Lyle

Two months after this Court decided State v. Deatore, 70 N. J. 100 (1976), the United States Supreme Court handed down its decision in Doyle v. Ohio, 426 U. S. 610, 96 S. Ct. 2240, 49 L. Ed. 2d 91 (1976), which was pending when Deatore was argued. See State v. Deatore supra, 70 N. J. at 109, n. 5. Those decisions so control the instant case as to compel us to reverse the judgment of the Appellate Division which, in an unpublished opinion, upheld defendant’s first degree murder conviction. A dissent in the court below brings the cause here as a matter of right. B. 2:2-1 (a) (2).

I

Defendant,…