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DISTRICT OF COLUMBIA v. FAISON

No. 5583.

278 A.2d 688 (1971)

DISTRICT OF COLUMBIA, Appellant, v. Sidney James FAISON, Appellee.

District of Columbia Court of Appeals.

Decided June 29, 1971.

Attorney(s) appearing for the Case

C. Francis Murphy, Acting Corp. Counsel, Richard W. Barton and Ted D. Kuemmerling, Asst. Corp. Counsel, for appellant.

No appearance for appellee.

Before HOOD, Chief Judge, and NEBEKER and YEAGLEY, Associate Judges.

HOOD, Chief Judge:

At the close of the government's evidence in a paternity proceeding, the trial court dismissed the case for insufficiency of evidence. The government appeals, contending that the trial court was in error in refusing to admit in evidence the testimony of the child's mother, then deceased, previously given by her at a preliminary hearing. Agreeing that such testimony was admissible, we reverse and remand for a new trial.

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