McBride v. State

DIMOND, Justice.

McBride was indicted for burglary and petty larceny. At the first trial, where the jury failed to reach a verdict, the state’s principal witness was McBride’s stepson, Robert Lee Carr. This witness was not present at the second trial, and over Me- Bride’s objection the court allowed the jury to hear Carr’s former testimony which had been electronically recordedi The jury found McBride guilty of both offenses, and he has appealed. The main question here is whether it was reversible error to permit use of the witness’s former testimony.

When the matter came up before the trial…