State v. McClellan

*12The opinion of the court was delivered by

Graves, J.:

This action was appealed from the district court of Sedgwick county, where the defendant' was convicted of robbery in the first degree.

On the trial the state was ..permitted to read in evidence the testimony of a witness given at the preliminary examination of the defendant for the charge upon which he was then being tried. As a foundation for the introduction of this evidence the cofinty attorney produced a subpoena which had been issued for the witness and upon which was a return by the.sheriff of non est. Upon this showing alone the…