Hardaman v. State

[1-4] On the trial, the state, over the objection and exception of the defendant, admitted secondary evidence of the testimony of a state’s witness, who had been examined as a witness on a former trial of the same case, but who was not present on the present trial. It has been frequently held by the courts of this state that if a witness, who has been examined in a criminal case before a tribunal of competent jurisdiction, is not subsequently, after diligent search, found within the jurisdiction of the court, it is admissible to prove the testimony he formerly gave. Percy v. State, 125 Ala.…