In re: Murrill Conerly, applying for writs of certiorari, review, prohibition and mandamus and Stay Order.

Writ denied. The ruling of the trial judge is correct.

concur, believing the issue is not posed until after the witnesses testify on direct for the state; if the defendant is then denied access to the grand-jury testimony of these witnesses for purposes of cross-examination, a substantial confrontation right may be denied him. See Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974).