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STATE v. WHITE

116 N.J. Super. 415 (1971)

282 A.2d 451

THE STATE OF NEW JERSEY, PLAINTIFF, v. WALTER LEE WHITE, DEFENDANT.

Superior Court of New Jersey, Essex County Court, Law Division — Criminal.

Decided October 12, 1971.

Attorney(s) appearing for the Case

Mr. Joseph P. Miele, Assistant Prosecutor, for the State (Mr. Joseph P. Lordi, Prosecutor of Essex County).

Mr. William P. Ries for defendant.

BRYNE, J.S.C. (temporarily assigned).

Defendant Walter Lee White has moved, prior to trial, to have this court withdraw the issue of capital punishment from consideration by the jury. The application requires an understanding of the impact of United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968), on N.J.S.A. 2A:113-3, 4.

The Jackson case involved a federal kidnap statute. It held that...

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