Beaird v. State

The witnesses having been put under the rule, it was within the discretion of the court to permit the bailiff of the court to remain in the courtroom,' and then allow him to testify as a witness. Riley v. State, 88 Ala. 193, 7 So. 149; Barnes v. State, 88 Ala. 204, 7 So. 88, 16 Am. St. Rep. 48; Roberts v. State, 122 Ala. 47, 25 So. 238.

George Duffy was examined as a witness on a former trial of this case, and Ms testimony given on that trial was admitted in evidence over the objection of defendant on the ground that it was not shown that he was permanently out of the state. The evidence in…