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STATE v. WHITTED

232 N.J. Super. 384 (1989)

557 A.2d 327

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM WHITTED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1989.

Attorney(s) appearing for the Case

Claire Drugach, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Claire Drugach, of counsel and on the brief).

Jessica S. Oppenheim, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General, attorney; Jessica S. Oppenheim, of counsel and on the brief).

Before Judges MICHELS, MUIR, Jr., and KEEFE.

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

On September 6, 1984, William Pegeese, a 62-year-old man with a badly diseased heart, died shortly after defendant burglarized his bedroom. Tried to a jury for felony murder (N.J.S.A. 2C:11-3a(3)), third-degree burglary (N.J.S.A. 2C:18-2), and third-degree theft (N.J.S.A. 2C:20-3), defendant admitted the burglary and theft, but vigorously contested the felony murder on grounds of causation...

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