STATE v. THOMAS


61 N.J. 314 (1972)

294 A.2d 57

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LAMONT THOMAS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 24, 1972.


Attorney(s) appearing for the Case

Mr. Edward Weisslitz, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Weisslitz, of counsel, and on the brief).

Mr. Solomon Forman, Assistant Prosecutor, argued the cause for respondent (Mr. Robert N. McAllister, Jr., Atlantic County Prosecutor, attorney; Mr. Ernest M. Curtis, Assistant Prosecutor, of counsel, and on the brief).


The opinion of the Court was delivered by MOUNTAIN, J.

Defendant was indicted for murder under N.J.S.A. 2A:113-1 and 2A:113-2. Claiming double jeopardy, he moved to dismiss the indictment pursuant to R. 3:10-2. 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...

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