People v. Farinelli

Jenkins, J.:

The police justice returns the testimony of the complainant and his wife, or at least sufficient thereof, uncontradicted and unexplained, to warrant the conviction of the defendant; the testimony of a superintendent of road construction as to the disputed location of certain trees and then states: “ The following witnesses were sworn in behalf of defendant: Ned Spinosa, *250Harry Krom, C. Farinelli, Alvin Fiélds, Joseph Farinelli. The evidence was not taken upon the minutes. The counsel agreed or consented to this omission.”

The words or acts constituting such agreement or consent are…