STATE v. WALKER


199 N.J. Super. 354 (1985)

489 A.2d 728

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN WALKER, DEFENDANT.

Superior Court of New Jersey, Law Division Criminal, Union County.

Decided January 3, 1985.


Attorney(s) appearing for the Case

David J. Hancock for plaintiff (John H. Stamler, Union County Prosecutor, attorney).

James Weinberg for defendant (S. David Levy, attorney).


MENZA, J.S.C.

The State moves the court to permit the introduction into evidence of oral statements made by the victim several weeks after she was allegedly assaulted by defendant, on the basis that the statements are excited utterances. As a foundation for this contention, the State maintains that the statements are a product of a battered woman syndrome and therefore admissible as spontaneous utterances made in reasonable proximity to the event.

Defendant...

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