State v. Jaques

As a court of law we are bound to apply to the case before us the applicable statutory law of this state, and the precedent established by previous decisions of this court. Where neither statute nor our own precedent supply the answer, we may seek guidance from the words and reasoning of the courts of other jurisdictions and the text writers, but these are not binding precedent. We are obligated to fashion our own precedent to apply to the facts. We seek the precedent which best accords with reason and justice under the circumstances presented.

The testimony at issue here was not given by a…