STATE V. JESSE BELLIARD
A-2658-07T4
08-05-10
Where causation was a critical factor in a felony-murder
prosecution and trial, the omission of the language "or too
dependant on another's volitional acts" was plain error
warranting a reversal and a new trial. The issue of the
probable consequences and involvement and actions of third-party
participants in the crime required that the jury be informed
that "another's volitional acts" would impact on the element of
causation.
The failure to define "attempt" was not plain error.
