State v. Donahue

Miller, Judge:

Indicted for the murder of James Reynolds defendant was found not guilty of murder in the first degree, but guilty of murder in the second degree, as charged in the indictment, and the judgment complained of was that he be imprisoned in the penitentiary of the state for the term of twelve years.

The first point of error is that the court below, proper ground being laid therefor, would not permit defendant to introduce in evidence to the jury the testimony of Everett Redman, taken before the coroner, for the purpose of contradicting him on material facts testified to by him on the…