Supreme Court of New Jersey
State of New Jersey, Plaintiff-Petitioner v. Frank M. Miller, Jr., Defendant-Respondent
May 24, 197876 N.J. 392
Summary
The Supreme Court of New Jersey held that the defendant's taped confession was voluntary and admissible, that the substitution of an alternate juror after deliberations began under Rule B.1:8-2(d) is constitutionally permissible, and that the failure to give the alternate juror the supplemental charge did not prejudice the defendant. The Court reversed the Appellate Division and reinstated the murder conviction. A dissent argued that the confession was involuntary and the juror substitution violated the right to a jury trial.