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STATE v. TATE

47 N.J. 352 (1966)

221 A.2d 12

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MITCHELL TATE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 27, 1966.

Attorney(s) appearing for the Case

Mr. Ralph Mayo argued the cause for appellant (Mr. Clifford E. Griggs, on the brief).

Mr. Jack Borrus, Assistant Prosecutor, argued the cause for respondent (Mr. Edward J. Dolan, Middlesex County Prosecutor, attorney).

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

Defendant is under indictment for felony murder. Having ascertained that certain persons were at the scene of the crime, defendant through his representative sought to interview them. They declined to be interviewed. It is not charged the State stood in the way. On the contrary, the prosecutor asserts he advised the witnesses they could speak to defendant's counsel or investigator if they wished, and the prosecutor...

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