Territory v. Curran

DISSENTING OPINION OF

QUARLES, J.

I am unable to concur in the conclusion reached by the majority, but do concur in the conclusion of the majority that section 3821 R. L., relating to the admissibility of depositions, does not apply to the case at bar.

In my opinion the evidence of the witness Derda was not admissible. All of the authorities agree that the evidence *430given by a witness at a former trial is only admissible as secondary evidence in cases of necessity. The evidence of said witness was material, and to show its materiality I shall briefly refer to the principal points in the evidence…