Opinion

State v. Forcella

52 N.J. 263
245 A.2d 181
1968 N.J. LEXIS 240

Court: Supreme Court of New Jersey
Filed: Jul 3, 1968
Status: Published
Author: Francis
On the bench: Weintraub, Francis, Jacobs, Hall
Cited by: 53 cases

Reversed in part by Funicello v. New Jersey, 403 U.S. 948 (1971)

Jacobs, Hall, J.J., dissenting

How later courts described this case

Jacobs, Hall, J.J., dissenting
"I don't think I could ..."

Written by the judges who cited it.

The opinion

Francis, J.

(concurring). I concur in the result reached in these cases. Moreover I agree thoroughly with the opinion of the Chief Justice with two qualifications which are relatively incidental to its principal thrust. Eor reasons expressed in my dissent in State v. Laws, 51 N. J. 494, pp. 549-555 (1968), I hold the view that neither a county prosecutor nor a trial court has authority to waive the death penalty in a first degree murder case, and further, 51 N. J. pp. 555-562, that our Court can and should adopt the bifurcated trial procedure in first degree murder cases.

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