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IN RE BOIARDO

34 N.J. 599 (1961)

IN THE MATTER OF THE ALLEGED CRIMINAL CONTEMPT OF ANTHONY BOIARDO. THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY BOIARDO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued April 10, 1961.

Decided May 8, 1961.

Attorney(s) appearing for the Case

On first argument:

Mr. Benedict W. Harrington argued the cause for appellant (Messrs. Kessler, Kessler & Harrington, attorneys; Mr. Samuel I. Kessler, of counsel; Mr. Benedict W. Harrington, on the brief).

Mr. Brendan T. Byrne, County Prosecutor of Essex County, argued the cause for respondent (Mr. Sanford M. Jaffe, Special Legal Assistant Prosecutor, of counsel and on the brief).

On reargument:

Mr. Benedict W. Harrington argued the cause for appellant (Messrs. Kessler, Kessler & Harrington, attorneys; Mr. Samuel I. Kessler, of counsel; Mr. Benedict W. Harrington, on the brief).

Mr. Sanford M. Jaffe, Special Legal Assistant Prosecutor of the County of Essex, and Mr. David D. Furman, Attorney General of New Jersey, argued the cause for the State of New Jersey, Amicus Curiae (Mr. Burrell I. Humphreys, Deputy Attorney General, of counsel — on the brief).

The opinion was delivered PER CURIAM.

Defendant Boiardo was convicted of contempt for refusing to answer questions before a grand jury after having been ordered to answer by a judge of the Superior Court. He was sentenced to a term of 30 days. We certified the ensuing appeal.

The issue is whether the court erred in overruling the claim that answers would tend to incriminate.

The State sought to question Boiardo with respect to a shooting affray in...

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