State v. Mathis

The opinion of the court was delivered by

Weintraub, C. J.

We heretofore reversed a judgment imposing a death sentence upon defendant and ordered a new trial. State v. Mathis, 47 N. J. 455 (1966). Upon the retrial, defendant was again convicted of murder in the first degree and the jury not having recommended life imprisonment, he was again sentenced to die. His appeal comes directly to us. R. R. 1:2-1 (c).

The facts are fully set forth in our opinion on the first appeal. There was no significant departure therefrom on the retrial, except that defendant did not testify and submitted a request to…