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Monday, December 07, 2009

State v. Whitaker (A-67-08) 12-7-09

State v. Quadir Whitaker (A-67-08) 12-7-09

Defendant could not be found guilty as an accomplice
of robbery and felony murder unless he shared the
principal’s intent to commit the theft before or at
the time the theft or attempted theft was committed.
Because the prosecutor improperly advised the jury
that it could convict defendant or robbery and felony
murder solely on the ground that he aided in the
robber’s escape, even if he did not participate or
assist in any way in the attempted theft or killing,
the Court is constrained to order a new trial.