Gibson v. State

Quillian, Chief Judge.

The defendant appeals from his conviction on two counts of armed robbery. Held:

1. It is contended the trial court erred in permitting the past recorded testimony of the victim of the robbery alleged in Count 2 to be admitted in evidence because “there was not adequate evidence of [a] inaccessibility of the witness, or [b] diligence on the part of the state in locating her.”

Gloria Jean Dupree, a clerk at a Majik Market on Central Avenue in Augusta, testified at the preliminary hearing that on the night of July 2,1980, shortly after 9:00 p.m., a young black man came into…