Cowart v. State

CATES, Judge.

Cowart was convicted of grand larceny for taking a 1962 Pontiac automobile, the property of Kenneth Shover. The court below sentenced him to ten years in the penitentiary.

I

Without in anywise accounting for the lack of Capt. Shover’s testimony which the examining magistrate was required to have reduced to writing, the prosecution proved that he had been transferred to Ar*202kansas by the Air Force. Thereupon, over obj ectión ■ for lack of proper predicate, the State was allowed to prove ore tenus what Shover had testified to in Recorder’s Court on preliminary hearing. Code 1940, T.…