State v. Grey

The Court purports to adopt Dunn-Powell, but to avoid its application to the present case, the Court holds that because the jury convicted defendant of felony murder without convicting him of the predicate felony of aggravated arson that was charged in the indictment, “the jury undoubtedly relied upon an improper predicate felony.” Grey, supra, 147 N.J. at 16, 685 A.2d at 929. To support that conclusion, the Court speculates that because the jury found defendant guilty of conspiracy to commit aggravated arson, “they must have concluded the conspiracy to commit aggravated arson would suffice…