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 held that the death‑penalty provision of the state homicide statute is unconstitutional under the United States Supreme Court’s decision in Jackson, vacated all existing death sentences and imposed life imprisonment, and affirmed that the remainder of the statute survives. The Court also addressed severability and directed lower courts to enter the appropriate life sentences. A dissent argued the statute remains constitutional, while a concurrence focused on judicial management and federal‑state relations.