Opinion

State v. Mount

  • 30 N.J. 195
  • 152 A.2d 343
  • 1959 N.J. LEXIS 169
Court
Supreme Court of New Jersey
Filed
Jun 17, 1959
Status
Published
Author
Proctor
On the bench
Jacobs, Burling, Proctor
Cited by
35 cases

holding that because juries bear sole “responsibility in passing on the issue of life or death,” juries are obligated to confront that issue without consideration of the possibility of appeal

How later courts described this case

  • holding that because juries bear sole “responsibility in passing on the issue of life or death,” juries are obligated to confront that issue without consideration of the possibility of appeal
  • “where a life is at stake, this court does not hesitate in the interests of justice to invoke the plain error rule and to reverse where the trial errors were impregnated with the likelihood of having harmed the substantial rights of the defendant.” (citation omitted)

Written by the judges who cited it.

Distinguished

  • Distinguished by Walker v. Butterworth, 457 F. Supp. 1233 (1978)

    30 N.J. 195, 212-15, 152 A.2d 343 (1959), were distinguishable because these remarks were not intended to dilute the jurors’ appreciation for the significance, correctness, or permanence of their verdicts.
    District Court, D. MassachusettsSep 28, 1978Read it

The opinion

Proctor, J. (concurring).

I vote to reverse and in doing so I concur in the opinion of the majority with the exception of that part which deals with the admission or exclusion *225 of testimony relating to defendant’s background, and in that respect I agree with the views expressed by Mr. Justice Burling in his concurring opinion.

Burling, Proctor and Hall, JJ., concurring in result.

For reversal — Chief Justice Weintraub, and Justices Burling, Jacobs, Erancis, Proctor, Hall and Schettino — 7.

For affirmance — None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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