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State v. Canola

Supreme Court of New Jersey

374 A.2d 20 (1977)

Relevant factsFree

Canola (defendant) and three others were robbing a jewelry store when the owner and an employee physically resisted one of the robbers; another robber opened fire, and the owner returned fire, fatally wounding both the owner and one of the robbers, Lloredo. Canola and the others were indicted on two murder counts, one for each death, plus robbery and armed robbery. Convicted on both murder counts and sentenced to concurrent life terms, Canola was affirmed on appeal, and the New Jersey Supreme Court granted review of the felony-murder theory covering Lloredo's death.

IssueFree

Whether the felony-murder rule applies when a co-felon's death results from a resisting robbery victim's own act.

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