People v. Kelley

By the Court:

The defendant was convicted of grand larceny; and at the trial the prosecution offered in evidence his sworn testimony voluntarily given when testifying as a witness in his own behalf, on the preliminary examination before the committing magistrate. The testimony was admitted against his objection; and the correctness or incorrectness of this ruling is the only question before us on this appeal. The Criminal Practice Act, as it stood before the adoption of the codes, permitted the accused at his option, on the examination before the committing magistrate, to make a voluntary,…