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STATE v. DREILING

No. 11324.

601 S.W.2d 660 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Terry Dennis DREILING, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

June 26, 1980.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Steven W. Garrett, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Charles E. Buchanan, Asst. Public Defender, Joplin, for defendant-appellant.

BILLINGS, Presiding Judge.

The pivotal issue in defendant's appeal of his felonious stealing conviction is the State's use of preliminary hearing testimony of an absent witness at the trial of the defendant. We reverse and remand for a new trial.

The alleged offense occurred in Jasper County on April 10, 1978. A preliminary hearing for defendant and two codefendants was held on May 11, 1978. Bernie Rose Jeffcoat testified for the State under an agreement that...

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