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STATE v. CREWS

105 N.J. 498 (1987)

523 A.2d 149

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CATHERINE CREWS, PH.D., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 9, 1987.

Attorney(s) appearing for the Case

Robin Parker, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General of New Jersey, attorney).

Richard M. Altman argued the cause for respondent (Pellettieri, Rabstein and Altman, attorneys).

PER CURIAM.

We granted certification, 104 N.J. 428 (1986), to consider the State's contentions 1) that a missing defense witness instruction under State v. Clawans, 38 N.J. 162 (1962), may not be avoided merely by counsel's representations that if called, the witness would have invoked the fifth amendment privilege against self-incrimination; and 2) that...

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