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STATE v. GREER

No. 1 CA-CR 1539.

27 Ariz. App. 197 (1976)

552 P.2d 1212

The STATE of Arizona, Appellee, v. William Ray GREER, Appellant.

Court of Appeals of Arizona, Division 1.

Rehearing Denied August 4, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

Derickson, Kemper & Henze by James Hamilton Kemper, Phoenix, for appellant.

OPINION

KRUCKER, Judge.

The sole issue in this appeal is whether the trial court erred in allowing the prosecutor to use the testimony of a witness as recorded at the preliminary hearing. Appellant concedes that such matter is committed to the trial court's discretion, State v. Pereda, 111 Ariz. 344, 529 P.2d 695 (1974), but contends that discretion was abused for the reason that...

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