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STATE v. ROSS

80 N.J. 239 (1979)

403 A.2d 457

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JACK ROSS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 4, 1979.

Attorney(s) appearing for the Case

Ms. Yvette Weiss, Designated Counsel, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Ms. Susan W. Sciacca, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

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

The primary issue in this case is whether a trial court at the request of the prosecution may call certain individuals as court witnesses to enable the prosecution to introduce into evidence as substantive proof of the crime oral and written statements previously made by those witnesses, thereby avoiding the limitation of Evid. R. 63(1)(a). We hold that it may not. Furthermore, we find that the trial ...

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