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STATE v. SMITH

210 N.J. Super. 43 (1986)

509 A.2d 206

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HERBERT LEE SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1986.

Attorney(s) appearing for the Case

Claudia Van Wyk, Assistant Deputy Public Defender, argued the cause on behalf of defendant-appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney).

Leslie Schwartz, Deputy Attorney General, argued the cause on behalf of plaintiff-respondent (Irwin I. Kimmelman, Attorney General, attorney; Linda L. Yoder, Deputy Attorney General, of counsel and on the brief).

Before Judges GAULKIN, DEIGHAN and STERN.

The opinion of the court was delivered by STERN, J.S.C., temporarily assigned.

Defendant was convicted of felony murder as a result of the death of a man who suffered a heart attack when his car was involved in an accident with one driven by defendant fleeing from the scene of an armed robbery. We hold that the proofs could justify a conviction for felony murder, but that the charge in this case was insufficient on the subject of causation. Therefore, a new trial...

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