Opinion

State v. Canola

  • 73 N.J. 206
  • 374 A.2d 20
  • 1977 N.J. LEXIS 197
Court
Supreme Court of New Jersey
Filed
Apr 7, 1977
Status
Published
Author
Sullivan
On the bench
Conford, Sullivan, Hughes
Cited by
46 cases

holding, however, that killing of accomplice in skirmish was not in furtherance of the undertaking

How later courts described this case

  • holding, however, that killing of accomplice in skirmish was not in furtherance of the undertaking
  • 6 Justices + 1 judge temporarily assigned
  • “Most modern progressive thought in criminal jurisprudence favors restriction rather than expansion of the felony murder rule.”
  • “Tort concepts of foreseeability and proximate cause have shallow relevance to culpability for murder in the first degree”

Written by the judges who cited it.

The opinion

Sullivan, J.

(concurring in result only). The practical result of the majority holding is that even though some innocent person or a police officer be killed during the commission of an armed robbery, the felon would bear no criminal responsibility of any kind for that killing as long as it was not at the hand of the felon or a confederate. The legislative intent, as I see it, is otherwise.

The thrust of our felony murder statute, N. J. S. A. 2A:113-1, is to hold the criminal liable for any killing which ensues during the commission of a felony, even though the felon, or a confederate, did not commit the actual killing. The only exception I would recognize would be the death of a co-felon, which could be classified as a justifiable homicide and not within the purview of the statute.

*227 The Legislature should act promptly to clarify the situation resulting from the majority opinion. If it does not extend the felony murder statute to encompass a killing during the commission of a felony not at the hand of the felon or confederate, it should, at least, provide that the felon be chargeable with manslaughter for such killing (in addition to liability for the felony)..

I therefore concur in the result but only for the reason stated above.

Justice Pashman joins this opinion concurring in result only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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