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STATE v. CLEMENT

40 N.J. 139 (1963)

190 A.2d 867

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LAWRENCE CLEMENT, DEFENDANT, AND JOHN ALMASI, JR., AND JOHN ALMASI TRUCKING CO., INC., ETC., DEFENDANTS-APPELLANTS. THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH ZIEMBA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 7, 1963.

Attorney(s) appearing for the Case

Mr. John E. Toolan argued the cause for defendants-appellants John Almasi, Jr., John Almasi Trucking Co., Inc., and Joseph Ziemba (Messrs. Toolan, Haney & Romond, attorneys).

Mr. Edward J. Dolan, Middlesex County Prosecutor, argued the cause for respondent.

The opinion of the court was delivered by WEINTRAUB, C.J.

The question is whether a defendant should be permitted pretrial inspection of his grand jury testimony. Almasi and Ziemba appeared before the grand jury under subpoena. Almasi testified for five to six hours, and Ziemba for about two and three-quarter hours. The testimony of each related to transactions which are the subject matter of the indictments returned against...

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