Tharp v. State

Error to the Circuit Court of Barbour. Before the Hon. Geo. D. Shortridge. This was an indictment against the plaintiff in error, for uttering and publishing counterfeit coin. At the trial, the state proved, that the prosecutor, John Hickman, had died, since his examination before the committing magistrate : that his testimony, or so much of it, as the committing magistrate thought material, was reduced to writing, by him, in the presence of the defendant, who cross-examined the prosecutor : and that the testimony, thus reduced to writing, could not be found in the circuit clerk’s office, in…