People v. Gibbs

Defendant Gibbs appeals after a jury found him guilty of selling marijuana. He charges-' that prejudicial error occurred when the prosecution was permitted to place in evidence the transcribed testimony of a witness named Smith, who had testified at defendant’s preliminary examination.

Smith was acting as a police informer. A state narcotics agent had driven him to the residences of two suspected marijuana dealers to make “buys.”' Smith entered the home of one Cole, who gave him a marijuana, cigarette. Later' he was let off near, the residence of defendant Gibbs'. .'Smith entered, then…