State v. Keller

HILL, Judge.

At defendant’s second trial, one witness for the prosecution was not present in the courtroom. Another witness for the prosecution was present but refused to testify.

The trial court, in the absence of the jury, heard testimony and arguments of counsel, upon objection by defendant to the introduction into evidence by the State of a transcript of the testimony of witness Jerry Lyn Morrison. The testimony was given at a prior trial of this case in September, 1978, in the Superior Court for Caldwell County.

The trial court made the following findings of fact:

1. Jerry Lyn Morrison was a…