STATE v. TAYLOR

No. 8135.

704 P.2d 443 (1985)

103 N.M. 189

STATE of New Mexico, Plaintiff-Appellee, v. Oliver Addison TAYLOR, Defendant-Appellant.

Court of Appeals of New Mexico.

June 13, 1985.


Attorney(s) appearing for the Case

Nancy Hollander, Freedman, Boyd & Daniels, P.A., Albuquerque, Michael L. Stout, Roswell, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., Anthony Tupler, Ass't Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

BIVINS, Judge.

This court granted defendant's application for an interlocutory appeal raising two issues:

1. Was defendant denied his constitutional right to be confronted with the witnesses against him when he was excluded from a competency hearing conducted by a magistrate during preliminary examination, and when his counsel was restricted to submitting written questions; and

2. Was the hearsay statement of the incompetent witness...

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