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STATE v. REDDICK

169 N.J. Super. 115 (1979)

404 A.2d 340

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES REDDICK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1979.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Arnold I. Budin, designated counsel, of counsel and on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent (Mr. Albert G. Fredericks, Deputy Attorney General, of counsel and on the brief).

Before Judges CONFORD, PRESSLER and KING.

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

This appeal raises the problem of the so-called recanting witness. The precise question before us is indistinguishable from that addressed by the Supreme Court in State v. Ross, 80 N.J. 239 (1979) (decided June 4, 1979), namely, whether the trial judge, by calling such a witness as his own on the State's case can relieve the prosecution of the burden of Evid. R.

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