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STATE v. GREEN

49 N.J. 244 (1967)

229 A.2d 634

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIE GREEN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 1, 1967.

Attorney(s) appearing for the Case

Mr. Irwin I. Kimmelman argued the cause for appellant.

Mr. Brendan T. Byrne, County Prosecutor of Essex County, argued the cause for respondent (Mr. Barry Evenchick, Assistant County Prosecutor, of counsel and on the brief).

PER CURIAM.

The defendant was indicted for murder and is awaiting trial. He moved for a pretrial hearing and determination as to the voluntariness and admissibility of a statement allegedly given by him on August 18, 1966 to the Newark Police. The motion was denied by the trial judge who announced that, while he would conduct a hearing on voluntariness and admissibility out of the presence of the jury, he would not do so before trial in view of State v. Cicenia...

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