Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Stavola

Decided: March 8, 1972.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
MICHAEL J. STAVOLA, DEFENDANT-RESPONDENT



Lewis, Halpern and Lora.

Per Curiam

The State appeals from an order dismissing the two-count indictment against defendant charging him with (1) assaulting a police officer while in uniform and (2) hindering and interfering with a policeman.

The case arises out of an altercation between defendant and a police officer who had stopped a motor vehicle of a third party for a routine check. Defendant was arrested and held on bail for grand jury action. Subsequently defendant filed a complaint against the police officer charging him with assault and battery. He was represented by

counsel in the municipal court and throughout the entire proceedings.

About a year after the occurrence involved, defendant, without being subpoenaed, appeared before the grand jury to give his version of the incident. No waiver of immunity was requested nor was one signed by defendant. It is clear that his appearance before the grand jury was not only a voluntary one but was arranged for at the request of his then counsel.

After the grand jury had heard the testimony of the State's witnesses, defendant came into the grand jury room and the following questions were answered by him:

Q Mr. Stavola, you have a lawyer; haven't you?

A Yes, sir.

Q Did he explain to you that you do not have to testify before the Grand Jury?

A That I don't?

Q Yes, did he tell ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.