State v. Harmon

The opinion of the court was delivered by

Atkinson, J.:

In the district court of Cowley county John R. Harmon was convicted of keeping a gaming-house, and sentenced to the penitentiary. *477From the judgment of conviction he appeals to this court. Among other witnesses sworn and examined at the preliminary hearing was one J. R. Lumpkin. Upon the trial of the case in the district court it was shown that Lumpkin was out of the state. It was also shown that no official stenographer had taken his testimony upon the preliminary hearing, and that the state was not in possession of stenographic notes . or…