The State of New Jersey, Plaintiff-Appellant v. Warren Cleaver Brown, Defendant-Respondent

Summary

The Supreme Court of New Jersey held that murder, regardless of degree, is an offense punishable with death and therefore falls within the statutory exemption from the limitation period; the order arresting judgment was reversed and the case remanded for sentencing. The Court emphasized that the degrees of murder affect only punishment, not the nature of the crime. Justice Wachenfeld dissented, arguing that second‑degree murder is not punishable by death and the limitation should apply.