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STATE v. SUIT

129 N.J. Super. 336 (1974)

323 A.2d 541

THE STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH SUIT, DEFENDANT.

Superior Court of New Jersey, Law Division — (Criminal).

Decided July 3, 1974.

Attorney(s) appearing for the Case

Mr. Russell Cottrell, Assistant Prosecutor, for plaintiff (Mr. James M. Coleman, Jr., Prosecutor of Monmouth County, attorney).

Mr. Thomas J. Spinello, Assistant Deputy Public Defender, for the defendant (Mr. Stanley C. Van Ness, Public Defender, attorney).

McGOWAN, A.J.S.C.

Defendant moves before trial for dismissal of count I of Indictment No. 790-73 charging him with the felony murder of one Charles Williams on February 10, 1974. It is defendant's position that as a matter of law he cannot be charged with the murder of Williams, whose death occurred as a result of a wound inflicted by another, one Solomon Richardson, one of the intended victims. Williams and Suit were engaged in the commission of an armed robbery...

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