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STATE v. BURTON

130 N.J. Super. 174 (1974)

325 A.2d 856

STATE OF NEW JERSEY, PLAINTIFF, v. DAVID BURTON, DEFENDANT.

Superior Court of New Jersey, Law Division.

September 10, 1974.

Attorney(s) appearing for the Case

Mr. Harry Robinson, III, Assistant Prosecutor for the State (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney).

Mr. Charles S. Lorber for the defendant (Mr. Edmond M. Kirby, Deputy Public Defender of Essex Region, attorney).

MARZULLI, J.C.C., Temporarily Assigned.

A pretrial motion has been made by defendant for the dismissal of counts 1 and 2 of Indictment #2283-73 charging him with the murders of Donald McGill and Lamar Freeman who were killed by the police while they and defendant were committing an armed robbery. This motion was made by defendant based on his assumption that the State will try the case on the theory of felony murder...

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