Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Victor R. Funicello, Defendant-Appellant; State of New Jersey…

January 17, 197260 N.J. 60

Summary

The New Jersey Supreme Court vacated death sentences in multiple murder cases, including Funicello, and ordered life imprisonment, holding that the death‑penalty provision of the state homicide statute is unconstitutional under United States v. Jackson. It also directed that future murder indictments be prosecuted with life imprisonment as the maximum penalty, while leaving the non‑vult plea provision intact.