STATE v. WALKER


80 N.J. 187 (1979)

403 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NATHANIEL WALKER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Mr. Paul A. Massaro, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph H. Stamler, attorney).

Mr. Alan Dexter Bowman, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Mr. Robert R. Blasi argued the cause for respondent (Messrs. Herrmann and Blasi, attorneys).


The opinion of the court was delivered by SULLIVAN, J.

This appeal by the State, on certification granted by this Court, 75 N.J. 603 (1977), involves, primarily, the question of whether the prosecutor's summation comments to the jury concerning defendant's failure to call his wife as a witness in support of his alibi testimony was a violation of defendant's marital privilege under Evid. R. 23(2) not to have his spouse testify...

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