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STATE v. SCHOLZ

432 A.2d 763 (1981)

STATE of Maine v. Stephen J. SCHOLZ.

Supreme Judicial Court of Maine.

Decided July 17, 1981.

Attorney(s) appearing for the Case

David W. Crook, Dist. Atty., Paul D. Mathews, Deputy Dist. Atty. (orally), Augusta, for plaintiff.

Sherman & Ringer, Alan C. Sherman, Robert J. Ringer, Jr. (orally), Waterville, for defendant.

Before McKUSICK, C. J., and GODFREY, NICHOLS, GLASSMAN, ROBERTS and CARTER, JJ.

NICHOLS, Justice.

In his appeal from a judgment of conviction for aggravated assault1 entered after a jury verdict in Superior Court (Kennebec County), the Defendant, Stephen J. Scholz, focuses upon the unavailable witness exception to the hearsay rule, M.R.Evid. 804(b)(1).2

Because we find that the State failed to lay the proper foundation for admitting into evidence the prior recorded testimony of...

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