State v. Thomas

The opinion of the Court was delivered by

Mountain, J.

Defendant was indicted for murder under N. J. S. A. 3A:113-1 and 3A:113-3. Claiming double jeopardy, he moved to dismiss the indictment pursuant to R. 3:10-3. The trial court, in a written opinion reported at 114 N. J. Super. 360 (Law Div. 1971) denied the motion but at the same time refused to permit the State to proceed upon the theory of a felony-murder, directing that “the proofs shall be limited and directed towards the direct establishment of all the elements of a first degree Murder.” Defendant moved for leave to appeal to the…