Legal Opinion

State v. De Stasio

Supreme Court of New Jersey

Decided May 1, 1967PublishedCited by 46 opinions

1Opinion of the Court

The opinion of the court was delivered by

Weinteaub, C. J.

A jury convicted defendant of bookmaking in violation of N. J. S. 2A:112-3. He was sentenced to a term of one to two years and fined $1,000. We certified his appeal to the Appellate Division before it was argued there.

I

The first question is whether defendant’s privilege of silence under the Fifth Amendment was violated by the prosecutor’s opening statement to the jury.

*251In the voir dire examination of the jurors, counsel for defendant inquired as to whether greater credit would be given a policeman’s testimony “as opposed to an ordinary…

2Cases cited2 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Joseph L. Thomas v. United StatesCourt of Appeals for the Fifth Circuit · 1966

3Cited by46 opinions

  1. Kugler v. HelfantSupreme Court of the United States · 1975
  2. United States ex rel. Hart v. DavenportCourt of Appeals for the Third Circuit · 1973
  3. Spence v. ReederMassachusetts Supreme Judicial Court · 1981
  4. Oscar Poteet v. William Fauver, Warden, New Jersey State PrisonCourt of Appeals for the Third Circuit · 1975
  5. State v. PillotSupreme Court of New Jersey · 1989

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