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STATE v. WHITE

27 N.J. 158 (1958)

142 A.2d 65

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LE ROY WHITE, DEFENDANT-APPELLANT, AND ROBERT TOURSE, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 26, 1958.

Attorney(s) appearing for the Case

Mr. Ervan F. Kushner argued the cause for defendant-appellant (Messrs. Ervan F. Kushner and Sidney Adlman, attorneys; Mr. Ervan F. Kushner, of counsel).

Mr. Archibald Kreiger, Deputy Attorney-General, argued the cause for plaintiff-respondent (Mr. Charles S. Joelson, Deputy Attorney-General, Acting Passaic County Prosecutor, attorney; Mr. Archibald Kreiger, of counsel).

The opinion of the court was delivered by WEINTRAUB, C.J.

Robert Tourse and Le Roy White were convicted of murder in the first degree. Tourse was sentenced to life imprisonment upon the jury's recommendation and does not appeal. There was no recommendation for White, and he appeals from the judgment imposing the death penalty.

The homicide occurred in the course of a robbery on July 24, 1957. White freely admitted his role in the killing. He and Tourse planned...

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