State v. Grey

The opinion of the Court was delivered by

O’HERN, J.

Defendant has been convicted of second-degree conspiracy to commit aggravated arson. N.J.S.A 2C:5-2; N.J.S.A 2C:17-la. The question is whether he may be convicted of felony murder even though acquitted of the underlying felony of aggravated arson. We find that unusual circumstances in the sequence and delivery of the instructions to the jury led the jury to predicate its conviction of felony murder on its conviction of conspiracy to commit aggravated arson. A conviction of felony murder, however, is not permitted on that basis. N.J.S.A…