STATE v. FORD

No. 46,675

210 Kan. 491 (1972)

502 P.2d 786

THE STATE OF KANSAS, Appellee, v. THEODORE W. FORD, Appellant.

Supreme Court of Kansas.

Opinion filed November 4, 1972.


Attorney(s) appearing for the Case

T.L. O'Hara, of Wichita, argued the cause and Bruce B. Fitts, of Wichita, was with him on the brief for appellant.

David P. Calvert, deputy county attorney, argued the cause, and Vern Miller, attorney general, and Keith Sanborn, county attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FOTH, C.:

Appellant was convicted by a jury of aggravated robbery and he appeals. This was appellant's second trial for this offense, his first having resulted in a hung jury. His appeal turns on the state's use at this second trial of the recorded testimony of a missing witness, one Emmett L. Dean, Jr., who had testified at the first trial. The facts of the crime are important only insofar as they are reflected in...

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