Criminal Law Keyed to Kadish
State v. Canola
Facts
The defendant, along with three confederates, was in the process of robbing a store when the owner of the store, in an attempt to resist the robbery, engaged in a physical “skirmish” with one of the four robbers. Another one of the robbers began shooting and the store owner shot back. Both the store owner and the felon were killed and the defendant was charged with the murder of both under the felony murder doctrine. The Appellate Division affirmed the conviction for the murder of the store owner and upheld the trial court’s denial of a motion to dismiss the murder charge of the co-felon. The Supreme Court of New Jersey granted a petition for certification with regard to the murder charge of the defendant’s co-felon.
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