State v. Lindsey

The principal issue raised on this appeal is whether the appellant was denied his right to confront a witness whose testimony, as given at the preliminary hearing, was introduced at the trial.

Right to confront witness.

Michael Murphy testified at the preliminary hearing that on the day following the death of Miss Gonzales appellant told him that he had killed a Mexican girl the night before. Murphy did not appear at trial despite the state’s efforts to locate him and compel him to appear. His testimony at the preliminary was read into the record in the presence of the jury. Appellant contends…