11 ms·
> In 1927 in New Jersey, a man named Salvatore Merra was wrongly executed because of the want of a semicolon in a jury’s sentencing Here are the actual words t
by alister 7y ago
> In 1927 in New Jersey, a man named Salvatore Merra was wrongly executed because of the want of a semicolon in a jury’s sentencing
Here are the actual words that led to his execution:
"In the Merra case the dissenting justices pointed out that the jury's verdict was originally recorded as follows:"
We find the defendant Salvatore Merra guilty of murder in the first degree and the defendant Salvatore Rannelli guilty of murder in the first degree, and recommend life imprisonment at hard labor.
"which was amended by the trial judge to read:"
We find Salvatore Merra guilty of murder in the first degree. We find Salvatore Rannelli guilty of murder in the first degree and recommend life imprisonment.[1][2]
It does seem like an injustice happened here. The jury's verdict as originally recorded is a little ambiguous, but to my mind, the recommendation of life imprisonment would seem to apply to both. Although this doesn't seem like a comma vs semicolon issue so much as a judge taking liberty to change the wording and not clarifying the intention with the jury. The straightforward thing to do during the appeal would've been to find the jurors and ask them what they meant; I guess that wasn't (legally) allowed.
[1] https://law.justia.com/cases/new-jersey/appellate-division-published/1953/27-n-j-super-101-0.html https://law.justia.com/cases/new-jersey/appellate-division-p...
[2] https://www.courtlistener.com/opinion/3586846/state-v-merra/ https://www.courtlistener.com/opinion/3586846/state-v-merra/ [from the Supreme Court of New Jersey]