State v. Mounkes

The’opinion of the court was delivered by

Smith, J.:

The appellant, after a preliminary examination, was prosecuted on an information and convicted of the crime of assaulting with a deadly weapon with intent to kill one Ernest Van Sickle. "

The first claim of error is the excluding of the full transcript of the evidence taken at the preliminary *194hearing. The evidence was not offered as an impeachment of the testimony given by any witness on the trial but, as said in the appellant’s brief, for the purpose of proving a negative; that the testimony of all the witnesses had been “pointed up,”…