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PEOPLE v. BROCK

Docket No. Crim. 23650.

38 Cal.3d 180 (1985)

695 P.2d 209

211 Cal. Rptr. 122

THE PEOPLE, Plaintiff and Respondent, v. LUTHER CLAYTON BROCK, Defendant and Appellant.

Supreme Court of California.

February 28, 1985.

Attorney(s) appearing for the Case

COUNSEL

Cecil L. McGriff, under appointment by the Supreme Court, for Defendant and Appellant.

David C. Coleman III as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp, Attorney General, John B. Moy and David D. Salmon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROUSSARD, J.

Defendant appeals from a conviction of second degree murder and unlawful administration of methamphetamine. The principal question on appeal is whether the trial court erred in allowing the prosecution to introduce the preliminary hearing testimony of a key witness who was unavailable to testify at the trial.

I.

On August 15, 1980, a doctor examined...

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