No. 12879.

632 P.2d 663 (1981)

102 Idaho 474

The STATE of Idaho, Plaintiff-Respondent, v. Russell MEE, Defendant-Appellant.

Supreme Court of Idaho.

July 21, 1981.

Attorney(s) appearing for the Case

Peter D. McDermott of McDermott & McDermott, Pocatello, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.

McFADDEN, Justice.

This appeal stems from a conviction of second degree burglary entered February 1, 1978 upon a guilty verdict by the jury. Faced here with a single, yet difficult, question concerning the propriety of admission of the prior preliminary hearing testimony of a witness, we reverse.

Appellant was accused of entering the Pocatello residence of Breen and Vaughn and removing Breen's multiple component stereo system on the night of December 3, 1977...

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