State v. Wilmore

The appellant herein was charged with the possession of a controlled substance with the intent to distribute. Trial resulted in a jury verdict finding the appellant guilty as charged. During the trial, appellant’s counsel had attempted to impeach a key witness for the prosecution by posing questions to him in reference to certain testimony given by that same witness at the preliminary hearing. Subsequently, the trial judge instructed the jury to disregard the defense counsel’s reference to previous testimony on the ground that no transcript of that testimony had been introduced into evidence.…