State v. McNally

SCHEB, Judge.

Petitioner/State challenges an order directing it to reimburse a defendant’s attorney under RCrP 3.190(j)(3) for expenses of travel and subsistence for attendance at the taking of a deposition designed to perpetuate testimony. Specifically, the issue here is whether the respondent’s attorney has this entitlement where after the State moved to perpetuate the testimony of a potential witness, it informed defense counsel that it abandoned its desire to depose the witness.

A criminal case pending against respondent/John Patrick McNally was set for trial on August 12, 1975, in Lee Coun*335t…