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STATE v. SMITH

32 N.J. 501 (1960)

161 A.2d 520

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CLARENCE SMITH AND LEE STANFORD, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued September 29, 1959.

Decided May 23, 1960.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued the cause for defendant-appellant Clarence Smith.

Mr. Hymen B. Mintz argued the cause for defendant-appellant Lee Stanford (Mr. Hamilton F. Kean on the brief for both defendants-appellants).

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the cause for plaintiff-respondent.

The opinion of the court was delivered by HALL, J.

The defendants appeal as of right from a conviction for first-degree murder in the Essex County Court upon which they were sentenced to life imprisonment by reason of the recommendation of the jury. The theory of the prosecution was felony-murder based upon a killing ensuing from the commission of robbery. N.J.S. 2A:113-1 and 2. The death resulted from injuries sustained in a "mugging," — a term...

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