Vautaw v. State

Dissenting Opinion

DeBruler, J.

— As a general rule as one of the conditions

of the admission of prior recorded testimony, the proponent thereof must show that a diligent good faith effort was made to produce the live witness for trial. In criminal cases this *495rule is stricter than in civil cases. Levi v. State, (1914) 182 Ind. 188, 104 N.E. 765; Raines v. State, (1971) 256 Ind. 404, 269 N.E.2d 378; Burnett v. State, (1974) Ind. App., 322 N.E.2d 125; Zimmerman v. State, (1920) 190 Ind. 537, 130 N.E. 235; Iowa Life Insurance Co. v. Haughton, Administrator, (1910) 46 Ind. App. 467, 87 N.E. 702.

Two…