EVIDENCE - CONSTITUTIONAL PROBLEMS IN COMPELLING THE ATTENDANCE OF WITNESSES OUTSIDE THE STATE

Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper, 127 N. J. 312, 22 A. (2d) 532 (1941)