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McBRIDE v. STATE

No. 76.

368 P.2d 925 (1962)

Ben D. McBRIDE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

February 20, 1962.

Attorney(s) appearing for the Case

George T. Yates, Anchorage, for appellant.

George N. Hayes, Dist. Atty., and Dorothy Awes Haaland, Asst. Dist. Atty., Anchorage, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

DIMOND, Justice.

McBride was indicted for burglary and petty larceny. At the first trial, where the jury failed to reach a verdict, the state's principal witness was McBride's stepson, Robert Lee Carr. This witness was not present at the second trial, and over McBride's objection the court allowed the jury to hear Carr's former testimony which had been electronically recorded. The jury found McBride guilty of both offenses...

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