Passarelli v. State

OPINION

Convicted by jury of second degree murder, appellant contends the district court erred by (1) admitting into evidence one Ondra Passarelli’s preliminary hearing testimony, (2) admitting into evidence a witness’s prior inconsistent statement, and (3) refusing to give two instructions proposed by appellant. We disagree.

1. Appellant contends Ondra Passarelli’s testimony given at his preliminary hearing should not have been read to the jury because her death prior to trial precluded the jury’s observation of her demeanor on the stand, she was an unreliable witness, and the danger of…