SCOTT v. STATE

No. CR 80-129.

612 S.W.2d 110 (1981)

George Amos SCOTT and Henry Clayborne Johnson, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 2, 1981.


Attorney(s) appearing for the Case

James P. Massie, Little Rock, for Scott.

Ralph M. Cloar, Jr., Little Rock, for Johnson.

Steve Clark, Atty. Gen., by Jack W. Dickerson, Asst. Atty. Gen., Little Rock, for appellee.


HICKMAN, Justice.

George Amos Scott and Henry Clayborne Johnson were convicted of possessing firearms, a violation of Ark.Stat.Ann. § 41-3103. Scott was sentenced to six years imprisonment; Johnson to five. They were admittedly convicted felons. On appeal, the controlling issue is whether a transcript of testimony taken at a preliminary hearing may be used as evidence in a circuit court criminal trial where the witness is unavailable.

The circuit judge...

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