State v. Greer

OPINION

KRUCKER, Judge.

The sole issue in this appeal is whether the trial court erred in allowing the prosecutor to use the testimony of a witness as recorded at the preliminary hearing. Appellant concedes that such matter is committed to the trial court’s discretion, State v. Pereda, 111 Ariz. 344, 529 P.2d 695 (1974), but contends that discretion was abused for the reason that the State did not make the requisite showing of a good faith effort to locate the witness.

A preliminary hearing was held on September 16, 1974, at which two witnesses for the State testified — Edward Garrett and…