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State v. Mcdavitt

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eBook details

  • Title: State v. Mcdavitt
  • Author : New Jersey Supreme Court
  • Release Date : January 18, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Defendant was found guilty, by jury verdict, of a violation of N.J.S.A. 2A:94-1 (breaking and entering with intent to steal). He was sentenced to an indeterminate term at the Youth Reception and Correction Center in Yardville. On appeal, the Appellate Division reversed the judgment of conviction in an opinion reported in 118 N.J. Super. 77 (1972). The Appellate Division held it was "plain error" to have the jury consider evidence of the results of a polygraph test taken by defendant during trial. The test was administered to defendant and the results thereof admitted into evidence by virtue of a stipulation entered into by defendant and his attorney and the State. The test results indicated that defendant was not telling the truth when he denied his involvement in the particular breaking and entering. This Court granted the States petition for certification. 60 N.J. 351 (1972).


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