STATE v. WILLEY

No. 69,099

18 Kan. App. 2d 837 (1993)

860 P.2d 67

STATE OF KANSAS, Appellee, v. WALTER A. WILLEY, Appellant.

Court of Appeals of Kansas.

Petition for review denied December 28, 1993.


Attorney(s) appearing for the Case

Steven D. Rosel, of Topeka, for appellant.

Jo Ann Van Meter, assistant district attorney, Joan M. Hamilton, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before LARSON, P.J., ELLIOTT and PIERRON, JJ.


Petition for review denied 254 Kan. ___ (December 28, 1993).

ELLIOTT, J.:

Walter A. Willey appeals his conviction of one count of battery, contending the admission of hearsay evidence violated his right to confrontation.

We reverse and remand.

The victim of the battery, defendant's spouse, Vivian, did not testify at trial. The State was unable to serve her with a subpoena.

The sole prosecution witness was Officer Rocky Broaddus, who...

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