dissenting.
I must take issue with the statement and holding by the majority that the defendant in a criminal case has no right to examine the report utilized by the witness to refresh his recollection. I acknowledge that the cases cited by the majority stand for the proposition for which they are cited. Nevertheless, in my view, where a state’s witness utilizes a report or other writing to refresh the witness’ recollection, denying defense counsel the right to examine such writing constitutes a denial of the right of cross-examination.
I am authorized to state that Justice Smith and Justice Gregory join in this dissent.