STATE v. McDAVITT


118 N.J. Super. 77 (1972)

286 A.2d 86

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LONNY McDAVITT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1972.


Attorney(s) appearing for the Case

Mr. Joseph D. Haggerty argued the cause for appellant (Mr. Frank Metro, attorney).

Mr. Leonard N. Arnold, Assistant Prosecutor, argued the cause for respondent (Mr. Michael R. Imbriano, Somerset County Prosecutor, attorney).

Before Judges CONFORD, MATTHEWS and FRITZ.


The opinion of the court was delivered by CONFORD, P.J.A.D.

In this prosecution for breaking and entering, defendant would have had a substantial chance of winning an acquittal on the other proofs adduced had the court not permitted the State to introduce, over defendant's objection, an expert's testimony that a polygraph test showed him to have been lying when he professed innocence of the charge while undergoing the test.

We appreciate the fact that defendant...

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