LEVIN, J.
The defendant, Paul Glass, and his brother, Joe Glass, were charged with armed robbery. MCLA 750.529; MSA 28.797. After a six-day trial, which began on July 17, 1969, the jury was unable to agree on a verdict and a new trial was ordered.
Between the first and second trials, on August 1, 1969, the Glasses, who were indigent and represented by assigned counsel, filed a motion to obtain at state expense a transcript of the testimony of the first
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