James v. State

WIGGINTON, Judge.

Appellant was indicted, tried by a jury, and found guilty of murder in the first degree. From his judgment of conviction and sentence this appeal is taken.

The sole point on appeal challenges the correctness of the trial court’s ruling which admitted into evidence over appellant’s timely objection a transcript of the testimony given by a state witness during appellant’s preliminary hearing prior to trial.

The facts in this case are not in dispute. Appellant was arrested on a warrant charging him with first degree murder. One week after his arrest a preliminary hearing was held…