
    STATE of Louisiana v. George GRIFFON.
    No. 81-K-3068.
    Supreme Court of Louisiana.
    Dec. 2, 1981.
   In Re: George Griffon, applying for Supervisory Writs of Mandamus, Certiorari and Review, and a Stay Order, Parish of East Baton Rouge.

Granted in part. The trial court is ordered to conduct a hearing outside the jury’s presence to determine whether the witness’ testimony will amount to testimony of his past recollection recorded, and, if so, to make available to the defense the witness’ grand jury testimony insofar as it relates to his trial testimony. State v. Tharp, 284 So.2d 536 (La.1973); Dennis v. U. S., 384 U.S. 855, 86 S.Ct. 1840, 16 L.Ed.2d 973 (1966). See also State v. Franks, 375 So.2d 391 (La.1979). Otherwise denied.

LEMMON, J.,

concurs in part and dissents in part. Defendant should be allowed access to the part of the witness’ grand jury testimony which has been used by the witness to refresh his memory (either before trial or on the stand).

DIXON, C. J., concurs.  