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STATE v. BLUE

20028

264 S.C. 468 (1975)

215 S.E.2d 905

The STATE, Respondent, v. Daniel BLUE, Appellant.

Supreme Court of South Carolina.

June 5, 1975.

Attorney(s) appearing for the Case

Robert Marshall Jones, Esq. of Rock Hill, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen, and Joseph R. Barker, Asst. Atty. Gen., of Columbia, and Mike S. Jolly, Sol., of Union, for Respondent.

June 5, 1975.

LEWIS, Justice:

The defendant Daniel Blue has appealed from his conviction and sentence for safecracking (Section 16-337, 1962 Code of Laws). We grant a new trial because of error in the refusal of the trial judge to permit counsel for the defendant to use, for the purpose of impeachment, a transcript of the preliminary hearing testimony in the cross-examination of a witness for the State.

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