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STATE v. LAND

124 N.J. Super. 303 (1973)

306 A.2d 483

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT LAND, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1973.

Attorney(s) appearing for the Case

Ms. Paula G. Roberts argued the cause for the appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. David L. Rhoads argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney, Mr. Kenneth P. Ply, Assistant Prosecutor, of counsel).

Before Judges FRITZ, LYNCH and TRAUTWEIN.

PER CURIAM.

After indictment defendant was found guilty by a jury of murder in the first degree. He was sentenced to life imprisonment in accordance with N.J.S.A. 2A:113-3 which, as now construed, under State v. Funicello, 60 N.J. 60 (1972), mandates such a penalty for first degree murder.

Defendant's plight stems from his participation in a murder-stabbing incident with robbery overtones.

The main thrust...

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