State v. Ernst

The opinion of the court was delivered by

'Weijsttraub, C. J.

Defendant was convicted of murder in the first degree. The jury did not recommend life imprisonment and accordingly the death sentence was imposed. N. J. S. 2A: 113-4. Defendant appeals directly to this court pursuant to Art. VI, § 5, par. 1 of the Constitution and R. R. 1:2-l(c).

I

Defendant contends the verdict was against the weight of the evidence as to the degree of guilt. Specifically he urges the verdict could not properly exceed murder in the second degree.

Eor some time defendant had been seeing the victim, Joan Connor, age 17.…