(DOWNLOAD) "State v. Busse" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Busse
- Author : Supreme Court of Kansas
- Release Date : January 03, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The opinion of the court was delivered by The State of Kansas appeals, pursuant to K.S.A. 22-3602(b)(3) (Ensley), from a question reserved in a criminal case. Defendant-appellee was charged with aggravated burglary and attempted rape. He was found not guilty of both charges in a trial by jury. At defendant's preliminary hearing he was of the opinion that the ability of the State's witnesses to identify him would be a crucial issue and, as a part of his trial strategy, he waived his right to be present during the preliminary hearing. His counsel, of course, was present and afforded the opportunity to cross-examine all the State's witnesses. Donald Yaus, the arresting police officer, testified, but at the time of trial Officer Yaus failed to appear, although he had been subpoenaed and was expected to appear. The State desired to introduce the transcript of Officer Yaus' preliminary hearing testimony and, at a hearing in chambers, the court ruled that the transcript was inadmissible as it was hearsay and the defendant had not met the witness face to face in the preliminary hearing. The ruling was based upon the last clause of K.S.A. 60-460(c).