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STATE v. BARRY

171 N.J. Super. 543 (1979)

410 A.2d 259

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD BARRY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1979.

Attorney(s) appearing for the Case

Randall W. Westreich, designated counsel, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney).

John L. Whalen, Assistant Essex County Prosecutor, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Donald S. Coburn, Prosecutor of Essex County, of counsel).

Before Judges LORA, ANTELL and PRESSLER.

The opinion of the court was delivered by PRESSLER, J.A.D.

Edward Barry appeals his conviction of felony murder and conspiracy to commit armed robbery. We are constrained to reverse.

These convictions arise out of the armed robbery of the First Federal Savings and Loan in Montclair on January 12, 1976. The dramatis personae involved in the crime were Mark Jackson, Archie Murphy, defendant and defendant's brother Walter Barry. The plan was for Jackson...

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