People v. Witty

The defendant was convicted in the superior court of Stanislaus County of the crime of grand larceny, and adjudged to suffer imprisonment in the state prison for the term of two years. He appeals from the judgment and order denying his motion for a new trial. Two points are made for reversal. The first relates to the deposition of George O’Donnell, a witness for the people, taken at the preliminary examination of the defendant, which was read at the trial. Objection was made thereto on the ground “that it is immaterial, irrelevant, and incompetent, and no process of court has been invoked,…