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STATE v. JOHNSON

138 N.J. Super. 579 (1976)

351 A.2d 787

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KEITH E. JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 1976.

Attorney(s) appearing for the Case

Mr. G. Robert Wills, Deputy Public Defender, argued the cause for defendant-appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Peter S. Hamerslag, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. William F. Hyland, Attorney General, attorney).

Before Judges LYNCH, LARNER and FULOP.

The opinion of the court was delivered by LARNER, J.A.D.

Defendant was convicted of breaking and entry with intent to rape (N.J.S.A. 2A:94-1) and the substantive crime of rape (N.J.S.A. 2A:138-1), and sentenced to two consecutive indeterminate terms at the Youth Reception and Correction Center.

The appeal from this conviction raises two issues: (1) admissibility of an out-of-court voice identification...

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