STATE v. ROBERTS

No. 77-530.

55 Ohio St. 2d 191 (1978)

THE STATE OF OHIO, APPELLANT, v. ROBERTS, APPELLEE.

Supreme Court of Ohio.

Decided July 19, 1978.


Attorney(s) appearing for the Case

Mr. John E. Shoop, prosecuting attorney, and Mr. Richard J. Perez, for appellant.

Messrs. Stoneman, Plasco & Bean and Mr. Marvin R. Plasco, for appellee.


O'NEILL, C. J.

The issue before this court is as follows: When a witness testifies against the accused at a preliminary hearing and is not cross-examined, and the witness is later shown to be unavailable to testify at the trial, may the prosecution introduce the witness' recorded testimony pursuant to R. C. 2945.49?

The confrontation clause of the Sixth Amendment to the Constitution of the United States, which...

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