STATE v. EWINGS


154 N.J. Super. 472 (1977)

381 A.2d 838

THE STATE OF NEW JERSEY, PLAINTIFF, v. JAMES EWINGS, JR. AND MICHELE HANNAH, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal).

Decided December 1, 1977.


Attorney(s) appearing for the Case

Mr. David Glazer, Assistant Prosecutor, for the State (Mr. Leonard D. Ronco, Acting Essex County Prosecutor, attorney).

Mr. Barry D. Berman for defendant James Ewings, Jr.


JOSEPH F. WALSH, J.C.C., Temporarily Assigned.

A motion is made in a criminal proceeding to have read into the record the testimony of an unavailable witness, under the provisions of Evid. R. 63 (3)(b), which reads in part insofar as it is pertinent:

Subject to Rule 64 and to the same limitations and objections as though the declarant were testifying in person, and where the declarant is unavailable as a witness, testimony is admissible, if * * * (b...

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