STATE v. CORBITT


74 N.J. 379 (1977)

378 A.2d 235

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. McARTHUR CORBITT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 6, 1977.


Attorney(s) appearing for the Case

Mr. James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. David S. Baime, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Baime and Ms. Jane E. Deaterly, Deputy Attorney General, of counsel and on the brief).

Mr. Forrest R. Goodrum filed a brief on behalf of amicus curiae American Civil Liberties Union (Ms. Marilyn J. Morheuser, of counsel).


The opinion of the court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

At issue in this case is the constitutionality of the sentencing scheme of the New Jersey murder statute, N.J.S.A. 2A:113-3 and N.J.S.A. 2A:113-4, as judicially altered in State v. Funicello, 60 N.J. 60 (1972) ("Funicello III"), cert. den. sub nom. New Jersey v. Presha, 408 U.S. 942, 92 S.Ct. 2849, 33 L.Ed...

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