State v. Kennedy

Lowe, Ch. J.

i obiminai, átZlor1' convict, John and Thomas Kennedy were indicted for the murder of one Thomas Dolau. On their arraignmeQt an<^ under the plea of not guilty, they were duly convicted. John was sentenced to the penitentiary, and to Thomas was awarded a new trial. When his case came up for a rehearing, he applied to the court for an order to have John Kennedy, then imprisoned in the penitentiaiy, produced in court as a witness for the defense. The refusal to grant such an order is made a ground of complaint in this court. The defendant bases his right to the order for the…