Pointer (D) was arrested for robbing Phillips. At a preliminary hearing, Phillips identified D as being the robber. D did not have counsel at that hearing, so he was bound over for trial. D did cross-examine Phillips. A codefendant Dillard tried to cross-examine but he also did not have an attorney. At the trial, Phillips was unavailable to testify because he had moved. The prosecution was allowed to introduce the transcript with his preliminary hearing testimony into evidence. D’s attorney objected on the grounds that it would deny him the opportunity to cross-examine Phillips. This was overruled by the judge because D had that opportunity at the preliminary hearing. The court of appeals affirmed rejecting D’s Sixth and Fourteenth Amendment arguments. D was convicted and appealed.

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