State v. Graham

COPELAND, Justice.

The sole issue presented, by this appeal is whether the trial court erred in granting defendant’s motion to suppress the evidence of Benjamin Peace’s testimony at defendant’s prior trial for accessory before the fact of murder. For the reasons stated below, we affirm the trial court’s action in granting defendant’s motion.

The recorded testimony of a witness in a former trial will not ordinarily be admitted as substantive evidence in a later criminal trial. The prior testimony is considered hearsay evidence, the admission of which would violate the accused’s right under the…