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STATE v. CREWS

208 N.J. Super. 224 (1986)

505 A.2d 198

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

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1986.

Attorney(s) appearing for the Case

Anne P. McHugh argued the cause for appellant (Pellettieri, Rabstein and Altman, attorneys; Richard M. Altman, of counsel; Anne P. McHugh, on the brief).

Robin Parker, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Deputy Attorney General, attorney; Robin Parker, of counsel and on letter-brief).

Before Judges FRITZ, GAYNOR and BAIME.

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

This appeal presents novel questions pertaining to the "absent witness" instruction approved by our Supreme Court in State v. Clawans, 38 N.J. 162 (1962). There the Court held that under certain circumstances the failure of a party to produce a witness whose testimony would serve to elucidate the material facts in issue may support an inference that he fears exposure of...

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