State v. Elisondo

SHEPARD, Chief Justice.

This is a review of the decision of the Court of Appeals (State v. Elisondo, 112 Idaho 815, 736, P.2d 867 (1987), in which appellant Elisondo’s conviction for aggravated battery was affirmed. The dispositive issue here is the admission at trial of the preliminary hearing testimony of an eyewitness to the crime. Prior to 1981 the decisions of this Court prohibited the admission of such preliminary hearing testimony. In 1981 the then constituted Court overruled those prior decisions in State v. Mee, 102 Idaho 474, 632 P.2d 663 (1981) and held that the admission of such…