Best v. State

Russell, C. J".

It is a well-settled general rule that a witness, who has been subpoenaed, and who has not withdrawn from the court-room in compliance with an order sequestering the witnesses, is competent and compellable to testify, under the Civil Code (1910), § 5858. Despite the fact that the witness himself, or others, may be subject to punishment for contempt of court, the testimony will not be excluded. This rule is not altered by the fact that a witness who heard the testimony of other witnesses in the pending trial had not been subpoenaed; though if it appears that the availability and…