1. Home
  2. Browse Decisions
  3. N.J.
  4. 169 N.J.
  5. 169 N.J. Super. 177 (1978)
 

STATE v. MOODY

169 N.J. Super. 177 (1978)

404 A.2d 370

THE STATE OF NEW JERSEY, PLAINTIFF, v. JACK MOODY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 18, 1978.

Attorney(s) appearing for the Case

Mr. Joseph Scaturo, Assistant Prosecutor, for the State (Mr. Donald Coburn, Essex County Prosecutor, attorney).

Mr. Roger A. Solomon, Assistant Deputy Public Defender, for defendant (Mr. Stanley C. VanNess, Public Defender, attorney).

MARTINO, J.C.C. (temporarily assigned).

The question before the court concerns the construction of Evid. R. 63(3) (b), adopted by the Supreme Court in 1967. That rule provides in relevant part that

* * * where the declarant is unavailable as a witness, testimony is admissible if ... (b) in a criminal proceeding, the testimony was given by the declarant personally as a witness in a former trial of a criminal proceeding in which the issue was such that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases