New Jersey Law Reports Volume 93

New Jersey Law Reports Volume 93

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: be considered by you in determining the punishment is that if you shall, by your verdict, impose life imprisonment, it can be disregarded and set at naught by the Court of Pardons, as well as by the provision of the statute, to the effect that every convicted prisoner confined in state's prison for the term of ' his natural life, whose record.of conduct shows that he has observed the rules of the institution, and who has-served not less than fifteen years, may be released on parole." The validity of this instruction is challenged by the first assignment of error, for the reason that the only purpose of the trial court, in referring to the fact that Carrigan might he paroled or pardoned, was to improperly influence the jury against a recommendation to life imprisonment. But, assuming that the instruction had a., tendency to influence the jury in determining whether or not to recommend life imprisonment, the question is whether it was erroneous on that account, and that, we think, has been settled against the contention of the plaintiff in error by the decision of the Court of Errors and Appeals in State v. Rombolo, 89 N. J. L. 565, in which that court, speaking of the supplement of 1916, says: "Naturally, one of the elements to be considered by them (the jury) in determining the punishment is whether, if they shall by their verdict impose life imprisonment, it can be disregarded and set at naught by the Court of Pardons. We see no reason why they should not be informed" with relation to the power of supervision possessed by the parcloning tribunal. It was further contended that the trial court, while still referring to the power conferred upon the jury by the supplement of 1916, committed error in the...
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Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236968778
  • 9781236968777