Johnson v. State

Grice, Justice.

Certain testimony was offered by a witness since disqualified, the evidence having been delivered before the judge, out of the presence of the jury, under the circumstances recited in the motion for new trial. Whether or not the testimony offered was “given under oath on a former trial,” within the meaning of the Code, § 38-314, we need not decide, since we are satisfied that the judge was correct in taking the view that it was otherwise inadmissible. The testimony of the girl related to two matters. She swore that at a time when she was engaged to marry Johnson, the defendant,…