State v. Carter

The opinion of the court was delivered by

Hooh, J.:

Defendants were convicted and sentenced in district court on a charge of grand larceny. Near the close of the trial counsel for defendants offered in evidence a transcript of testimony given at the preliminary hearing by a witness who, he said, was then outside the state. Upon objection, the offer was refused. Refusal to admit the transcript constitutes defendants’ principal assignment of error, and in their brief counsel rely entirely upon it.

Only a brief statement of the facts is needed to define the issue here presented. Defendants, Charles…