OPINION
ARMIJO, Judge.
Appellant was tried and convicted of voluntary manslaughter. In his bid to overturn the conviction he questions the adequacy of the preliminary hearing and claims his right to cross-examine under § 41-3-8, N.M.S.A. 1953 (repl. vol. 6, 1964) was denied because of the examining magistrate's refusal of his demand to examine, for possible use on cross-examination, the prior written statement given by a state's witness.
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