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STATE v. GRAY

No. WD 31629.

616 S.W.2d 102 (1981)

STATE of Missouri, Respondent, v. Jewel GRAY, Appellant.

Missouri Court of Appeals, Western District.

May 4, 1981.

Attorney(s) appearing for the Case

Peter N. Sterling, Acting Public Defender, Gary L. Gardner, Asst. Public Defendant, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Catheryn B. Starke, Asst. Atty. Gen., Kansas City, for respondent.

Before DIXON, P. J., WASSERSTROM, C. J., and NUGENT, J.

WASSERSTROM, Chief Judge.

The question for decision is whether the trial court properly permitted the use of the transcript of prior testimony when one of the State's witnesses failed to appear. This question arises in the context of a jury trial which resulted in a verdict of guilty of the sale of controlled substance.

On November 2, 1978, John Cornell and Kent McGregor were an investigating team for the Metropolitan Drug Squad in Kansas City, Missouri. They...

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