State v. Farrow

The opinion of the Court was delivered by

Hall, J.

The defendant was convicted in 1970 in the Passaic County Court of first degree murder based on a killing during an attempted robbery. N. J. S. A. 2A:113-2. The State sought the death penalty. The jury made no recommendation of life imprisonment, so a sentence of death was necessarily imposed. N. J. S. A. 2A-.113-4. His appeal was taken to this court as of right. R. 2:2-1 (a) (3).

Subsequent to the oral argument of the appeal, this court decided State v. Funicello, 60 N. J. 60 (1972), following the memorandum decision of the United States…