State v. Maynes

Adams, J\

— I. The first question presented arises upon the introduction of evidence. The state sought to prove the extent of the injury sustained by the prosecuting witness. One Williams had testified before the grand jury that he examined the prosecuting witness and found some swelling on the cheek, and found the sixth or seventh rib fractured. At the trial Williams was not present, but, by consent of the defendant, the minutes of his testimony before the grand jury were read in evidence as having the same effect that his testimony in the same words would, if given by him as a witness upon…