State v. Kociolek

The opinion of the court was delivered by

Heher, J.

In the Atlantic County Court the defendant Kociolek was convicted by a jury of murder in the first degree without recommendation of life imprisonment, and accordingly was sentenced to death; and the judgment is here for review by direct appeal of right under Article VI, Section V, paragraph 1(c) of the 1947 Constitution.

A prior judgment imposing the death sentence on a conviction of first-degree murder was reversed, 20 N. J. 92 (1955), and the retrial resulted in the judgment presently before us.

I

The overruling of the accused’s challenge to…