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STATE v. SMITH

No. 78-437.

58 Ohio St. 2d 344 (1979)

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

Supreme Court of Ohio.

Decided June 13, 1979.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. Leonard Kirschner, Mr. Thomas P. Longano and Mr. Joseph G. Carr, for appellee.

Mr. Robert L. Gensler and Ms. Beatrice V. Larsen, for appellant.

Per Curiam.

Appellant raises two objections to the use of the preliminary hearing testimony of Coffman: (1) the testimony is precluded by the confrontation clause of the Sixth Amendment to the United States Constitution; and (2) the testimony is not admissible because the witness was not proved to be unavailable to testify at the trial.

We have recently held in State v. Roberts (1978), 55 Ohio St.2d 191

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