Hodge v. State

Raney, C. J.:

The first allegation of error in the assignment of errors, furnished under the requirement of the statute, sec. 4, p. 455, McClellan’s Digest, is the refusal of the circuit judge of a motion, made in open court October 21st, 1890, for the issuance of a commission to take the testimony of one E. C. Spitzka, residing at 712 Lexington avenue, New York, on interrogatories filed five days previously at the same term.

The statute of March 11th, 1879, secs. 41 el seq., p. 466, McClellan’s Digest, enacts that when any person is arraigned before a circuit court upon indictment or…