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WHATLEY v. STATE

27775.

230 Ga. 523 (1973)

198 S.E.2d 176

WHATLEY v. THE STATE.

Supreme Court of Georgia.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Patton & Flinn, C. Ronald Patton, for appellant.

F. Larry Salmon, District Attorney, Arthur K. Bolton, Attorney General, Courtney Wilder Stanton, Thomas W. Greene, Assistant Attorneys General, Harold N. Hill, Jr., Deputy Assistant Attorney General, for appellee.

UNDERCOFLER, Justice.

J. C. Whatley was tried and convicted of the offense of murder and sentenced to life imprisonment. During the trial the district attorney moved to introduce the transcript of testimony given by George Morris at the preliminary hearing on the ground that the witness was inaccessible. The defendant objected to the introduction of the transcript and his objection was overruled. He appeals to this court. Held:

Code § 38-314 provides...

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