State v. Wiggins

The opinion of the court was delivered by

Blanchard, J.

The accused, indicted for murder, was convicted of manslaughter, and, from a sentence of twenty years at penal servitude, appeals.

Numerous bills of exception bring under review almost every ruling made by the court below in the progress of the trial.

Error is assigned to the admission of the testimony of one Joseph Briscar, a witness for the State, taken at the preliminary examination. Briscar was absent permanently from the State at the time of the final trial. This was first .shown, and then his testimony at the preliminary examination…