The State of New Jersey, Plaintiff-Respondent v. James Jamison, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the conviction and remanded for a new trial because the trial court erred in excluding Roseboro's out‑of‑court confession that exonerated the defendant and in mishandling the privilege against self‑incrimination. The Court held that the privilege must be asserted by the witness himself and that Roseboro's statement should have been admitted as a declaration against penal interest. It also concluded that the assault with an offensive instrument merged with the atrocious assault and battery, limiting sentencing to the latter count. A concurring opinion noted disagreement with the majority's criticism of the trial judge's handling of Roseboro.