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ZICARELLI v. GRAY

No. 75-1173.

543 F.2d 466 (1976)

Joseph ZICARELLI, Appellant, v. Albert D. GRAY, Jr., Superintendent, New Jersey State Prison.

United States Court of Appeals, Third Circuit.

Reargued May 14, 1976.

Decided September 10, 1976.

Attorney(s) appearing for the Case

Isles & Weissbard, Montclair, N.J., for appellant; Harvey Weissbard, Montclair, N.J., on brief.

William F. Hyland, Atty. Gen. of New Jersey, Trenton, N.J., for appellee; Howard E. Drucks, Deputy Atty. Gen., Div. of Crim. Justice, App. Section, East Orange, N.J., of counsel and on the petition.

Jonathan L. Goldstein, U. S. Atty., Newark, N.J., for amicus curiae; John J. Barry, Asst. U. S. Atty., Newark, N.J., on brief.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Argued Sept. 4, 1975.

Reargued May 14, 1976.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Trial by jury is one of several important protections standing between persons accused of crime and the weighty power of the state to punish those convicted of having committed crime. The right to trial by jury is provided for within the Constitution as originally adopted1 and in the Bill of Rights as well.

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