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STATE v. ALSTON

73 N.J. 228 (1977)

374 A.2d 31

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MATTHEW ALSTON, LAWRENCE SIMMONS AND RICHARD BYNAM, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Gary H. Schlyen, Assistant Prosecutor, argued the cause for respondent (Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney).

PER CURIAM.

This is a companion appeal to State v. Canola, 73 N.J. 206, decided this day. We there held that there was no liability for murder on the part of a felon when his accomplice is killed in the course of the felony by one resisting the perpetration of the crime. The same issue is presented here.

The facts disclosed at a Grand Jury hearing and a probable cause hearing, stipulated by the parties for purposes of...

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