[DOWNLOAD] "Ben D. Mcbride v. State Alaska" by Supreme Court of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Ben D. Mcbride v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 20, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
DIMOND, Justice. McBride was indicted for burglary and petty larceny. At the first trial, where the jury failed to reach a verdict, the state's principal witness was McBride's stepson, Robert Lee Carr. This witness was not present at the second trial, and over McBride's objection the court allowed the jury to hear Carr's former testimony which had been electronically recorded. The jury found McBride guilty of both offenses, and he has appealed. The main question here is whether it was reversible error to permit use of the witness's former testimony. When the matter came up before the trial Judge, McBride objected on three grounds: (1) that he had the right under the state and federal constitutions to be confronted with the witness; (2) that there was no showing that he was responsible for the witness being absent; and (3) that he was entitled to have the witness present in order that the jury could observe his demeanor.