State v. Blue

Lewis, Justice:

The defendant Daniel Blue has appealed from his conviction and sentence for safecracking (Section 16-337, 1962 Code of Laws). We grant a new trial because of error in the refusal of the trial judge to permit counsel for the de*471fendant to use, for the purpose of impeachment, a transcript of the preliminary hearing testimony in the cross-examination of a witness for the State.

A preliminary hearing was requested and granted. At this hearing, counsel for defendant requested that the testimony be taken in writing, whereupon, according to the agreed Statement, counsel was instructed…