Whitehead v. State

OPINION

ONION, Judge.

The question presented by this appeal is whether the State laid a sufficient predicate to authorize the introduction of an absent witness’ testimony given at a former trial as an exception to constitutional right of confrontation guaranteed by both the state and federal Constitutions. Art. I, Sec. 10, Texas Constitution, Vernon’s Ann.St.; Sixth Amendment, United States Constitution.

The offense is murder without malice; the punishment, assessed by the jury, five (5) years confinement in the Texas Department of Corrections.

In view of our disposition of this cause, it will…