State v. Mee

McFADDEN, Justice.

This appeal stems from a conviction of second degree burglary entered February 1, 1978 upon a guilty verdict by the jury. Faced here with a single, yet difficult, question concerning the propriety of admission of the prior preliminary hearing testimony of a witness, we reverse.

Appellant was accused of entering the Pocatello residence of Breen and Vaughn and removing Breen’s multiple component stereo system on the night of December 3, 1977. Appellant had earlier that day borrowed Vaughn’s car, in the process receiving the house keys as well as those to the car.

At the…