State v. Moore

ZINN, Justice.

W. P. Waller testified at the preliminary hearing where the appellant was bound over to the district court. At the time of the jury trial, this witness was absent and refused to return to the state to testify against appellant. Thereupon his testimony given at the preliminary hearing was admitted into evidence. Without this evidence the prosecution would not have been able to secure a conviction. This appeal is. prosecuted from the conviction and sentence of appellant so obtained.

Though three points are argued, they may be summed'up in one.

In a criminal case, may the transcript…