State v. Virden

Harrington, J.,

delivering the opinion of the Court:

It is well settled that the testimony of a deceased witness in a criminal case, given at a former hearing of the same case is ad*33missible in evidence for the defendant on the ground of necessity, the parties and the issue being precisely the same. The objection of lack of opportunity to cross-examine the deceased witness is met by the fact that the state had full opportunity to cross-examine him when he testified at the former trial. Stephen’s Digest on Evidence, 107; Chamberlayne’s Hand Book on Evidence, 642; Wharton’s Criminal Evidence, vol.…