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STATE v. BEY

No. 47,731

217 Kan. 251 (1975)

535 P.2d 881

STATE OF KANSAS, Appellee, v. JULIAN BEY, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

Michael Lerner, of Barnett & Lerner, of Kansas City, argued the cause, and was on the brief for the appellant.

Nick A. Tomasic, district attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a criminal action by Julian Bey (defendant-appellant) from a conviction of first degree murder (K.S.A. 21-3401) while perpetrating the crime of aggravated robbery (K.S.A. 21-3427).

The questions raised on appeal pertain to: (1) the use of transcript testimony of a prosecution witness who testified at the preliminary hearing but was unavailable to testify in person at the...

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