State v. Wilkerson

The opinion of the Court was delivered by

Mountain, J.

Defendant was convicted of murder in the first degree. The jury having failed to recommend life imprisonment, N. J. S. A. 2A:113-4, the death sentence was *455imposed and an appeal taken to this Court as of right. B. 2:2-1 (a). A week after oral argument in this case, we handed down our opinion in State v. Funicello, 60 N. J. 60 (1972), wherein we concluded that the United States Supreme Court had declared the death penalty to be unconstitutional under our statute, last cited. The opinion directed that as to defendant, Funicello, the sentence…