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CORBITT v. NEW JERSEY

No. 77-5903.

439 U.S. 212 (1978)

CORBITT v. NEW JERSEY.

Supreme Court of United States.

Decided December 11, 1978.

Attorney(s) appearing for the Case

James K. Smith, Jr., argued the cause for appellant. With him on the brief was Stanley C. Van Ness.

John DeCicco, Deputy Attorney General of New Jersey, argued the cause for appellee. With him on the brief were John J. Degnan, Attorney General, David S. Baime, Assistant Attorney General, and Anthony J. Parrillo, Deputy Attorney General.

MR. JUSTICE WHITE delivered the opinion of the Court.

Under the New Jersey homicide statutes,1 some murders are of the first degree; the rest are of the second degree. Juries rendering guilty murder verdicts are to designate whether the murder was a first- or second-degree crime. The mandatory punishment, to be imposed by the judge, for those convicted by a jury of first-degree murder is life...

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