[Download] "State v. Galvan" by Arizona Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Galvan
- Author : Arizona Supreme Court
- Release Date : January 27, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The defendant presents two issues on appeal. The first one being that the trial court committed error in refusing to grant the defendants motion to exclude the preliminary hearing testimony of the witness Fergursky. Fergursky had died between the preliminary hearing and the time of trial, and the state was permitted to introduce into evidence the testimony elicited from Fergursky during the preliminary hearing. Our Rules of Criminal Procedure permit the use at trial of the testimony of a witness who is unavailable at the time of trial, provided the court is satisfied that the inability to procure the testimony is not due to the party offering it. 17 A.R.S., Rules of Criminal Procedure, Rule 30(B). The defendant does not deny that a proper foundation was laid showing the witness unavailability. His contention is that he was not permitted to conduct a full and adequate examination of the witness at the preliminary hearing and, therefore, the witness testimony should have been excluded at trial. Pointer v. Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965).