COM. v. HOWARD


665 S.W.2d 320 (1984)

COMMONWEALTH of Kentucky, Appellant, v. Eugene HOWARD, Appellee.

Court of Appeals of Kentucky.

March 9, 1984.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Gerald Henry, Asst. Atty. Gen., Frankfort, for appellant.

John M. Lyttle, John T. Aubrey, Manchester, for appellee.

Before LESTER, McDONALD and WHITE, JJ.


McDONALD, Judge:

In this appeal the commonwealth seeks the answer to whether an absent witness's tape-recorded sworn testimony and cross-examination thereon at a prior bond reduction hearing can be admitted at the defendant's trial.

Factual Background

Eugene Howard, the defendant in the circuit court, was indicted for the murder of Walter Sizemore. Dalia Howard, a crucial witness for the commonwealth, is not to be found and is believed to...

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