Gaither v. State

Almand, Chief Justice.

The defendants (appellants herein) were tried for armed robbery, convicted, and each sentenced to ten years imprisonment. During their trial, the district attorney offered in evidence a transcript of former testimony of one Stacey Rutherford taken more than two months earlier in a juvenile court proceeding. Rutherford was not listed as a witness on the indictment. The earlier testimony concerned the same case, and the defendants were present when it was taken and were represented by counsel who cross examined the witness. The defendants objected to the admission of the…