State v. Banks

The opinion of the court was delivered by

Provosty, J.

Defendant was tried for robbery. The prosecution, after showing that a witness was absent, not permanently absent, from the State, offered in evidence his testimony taken at the preliminary examination under the provisions of Act 123 of 1898; and the defendant objected on the ground that until the absence of the witness had been shown to be' permanent, his testimony was inadmissible. The judge let in the testimony, founding himself on the following clause in said Act 123, to-wit: — “When the testimony so taken is certified to by the…