People v. Chung Ah Chue

McKinstry, J.:

Indictment for larceny. The defendant had previously been indicted for the larceny of the same property, tried, found *568guilty, a new trial granted, and the indictment dismissed. On the trial of the present indictment the prosecution was permitted to introduce, against the objections of defendant, the reporter’s notes of the testimony of Manuel de Arena, a witness at the trial of the first indictment—evidence being given that Arena was without the State.

The Court erred in permitting the reporter’s notes to be read in evidence. It is provided by § 1870 of the Code of Civil…