STATE v. GOMES

No. 7291.

116 N.H. 113 (1976)

STATE OF NEW HAMPSHIRE v. RONALD F. GOMES

Supreme Court of New Hampshire.

February 27, 1976.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, Gregory H. Smith, assistant attorney general, and Richard B. McNamara, attorney appearing pursuant to Rule 23 (Mr. Smith orally), for the State.

Joseph J. Balliro (of Massachusetts), by brief and orally, for the defendant.


GRIMES, J.

The issue presented in this case is whether an extrajudicial statement of a witness, written but not sworn to, which incorporates admissions of the defendant, is admissible as substantive evidence of the matters asserted therein.

The facts are not in dispute. Defendant was indicted for the murder of Gerald Cooke by the grand jury sitting at Carroll County. He was arraigned on September 20, 1974, and entered a plea of not guilty. Prior to the indictment...

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