State v. Burton

The opinion of the court was delivered by.

Burch, J.:

The defendant was convicted of selling personal property covered by chattel mortgage, and appeals'.

Testimony given at the preliminary examination by a witness who was not present at the trial was read to the jury. It is said the testimony was improperly admitted because the state did not show that the witness was beyond the jurisdiction of the court and did not show reasonable diligence to procure the attendance of the witness. It was sufficient for the state to prove that the whereabouts of the witness was unknown and could not be…