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STATE v. THOMAS

60 N.J. 588 (1972)

292 A.2d 22

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE W. THOMAS, JR., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 20, 1972.

Attorney(s) appearing for the Case

Mr. Stephen Apollo, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Wilbur H. Mathesius, First Assistant Prosecutor, argued the cause for respondent (Mr. Bruce M. Schragger, Mercer County Prosecutor, attorney; Mr. George Wilgus, III, Assistant Prosecutor, on the brief).

PER CURIAM.

On April 10, 1970 Abele Rubino was shot and killed during a hold-up of his liquor store. Thomas was charged by indictment with the felony murder. Upon trial the jury found him guilty of murder in the first degree, and made no recommendation of life imprisonment. Thereupon the trial court pronounced the death sentence, and an appeal was taken directly to this Court. R. 2:2-1(a) (3).

At the trial defendant's guilt was shown beyond any reasonable...

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