THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LEO ROBERT FORCELLA, DEFENDANT-APPELLANT.
THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GABRIEL ORNES, JR., DEFENDANT-APPELLANT.
THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ISRAEL PEREZ, DEFENDANT-APPELLANT.
THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VICTOR R. FUNICELLO, DEFENDANT-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued June 3, 1968.
Decided July 3, 1968.
Attorney(s) appearing for the Case
Mr. Anthony G. Amsterdam, of the District of Columbia bar, argued the cause for appellants (Mr. Joseph Barry, attorney for appellant Forcella; Messrs. George Logan, III, and Morton Stavis, attorneys for appellant Funicello; Messrs. Jack Greenberg, Michael Meltsner, Jack Himmelstein, and Charles Stephen Ralston, of the New York bar, attorneys for appellants Forcella and Funicello).
Mr. Ronald J. Picinich argued the cause for appellant Ornes (Mr. Charles J. Sakany, attorney for appellant Perez).
Mr. James R. Zazzali, Assistant Prosecutor of Essex County, and Mr. Guy W. Calissi, Prosecutor of Bergen County, argued the cause for respondent (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney; Mr. Richard F. Aronsohn, Special Assistant Prosecutor of Bergen County, and Mr. Harold N. Springstead, Assistant Prosecutor of Bergen County, on the brief).
Mr. Richard Newman, Deputy Public Defender, argued the cause for the Intervenor, The Office of the Public Defender (Mr. Peter Murray, Public Defender; Messrs. John M. Cannel, Claude J. Minter, Carl R. Soller, and Mrs. Miriam N. Span, Assistant Public Defenders, on the brief).
Mr. John W. Hayden, Jr., Assistant Attorney General, argued the cause amicus curiae (Mr. Arthur J. Sills, Attorney General of New Jersey; Mr. Samuel D. Bornstein, Deputy Attorney General, on the brief).
The Supreme Court of New Jersey.
The opinion of the court was delivered by WEINTRAUB, C.J.
On April 8, 1968 the United States Supreme Court decided United States v. Jackson,390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138, declaring invalid a federal kidnapping statute under which a defendant who insisted upon trial by jury could suffer the death penalty. Although our homicide statute levies no such burden on an assertion of the right to jury, nonetheless...
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