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McGUINNESS v. STATE

No. 12155.

589 P.2d 1032 (1979)

92 N.M. 441

Charles Fred McGUINNESS, Petitioner, v. STATE OF New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied February 5, 1979.

Attorney(s) appearing for the Case

Reginald J. Storment, Appellate Defender, Martha A. Daly, Asst. Appellate Defender, Santa Fe, for petitioner.

Toney Anaya, Atty. Gen., Charlotte H. Roosen, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

SOSA, Chief Justice.

The questions presented for review are: Did the Court of Appeals err in holding that the deposition of the State's chief witness was properly admitted in this criminal trial under the applicable procedural rules? Did the Court of Appeals err in holding that such admission did not violate defendant's right to confront and cross-examine the witnesses against him? We hold that the Court of Appeals erred in holding the deposition...

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