State v. Stark

Defendant appeals from an order of the court below denying her application to take the deposition of a witness in a criminal case. On the basis of the record before us it appears that the witness is material, possibly even necessary to the defendant’s case, and that the witness is in military service in South Viet Nam and not amenable to the ordinary subpoena procedures. This court would ordinarly not be authorized to consider an appeal of an interlocutory order, but in. this instance defendant claims a violation of the state Constitution (Section 10, Article I) in that she is being deprived…