State v. Rodman

I. Tbe indictment in tbe case was found upon tlie evidence contained in tbe minutes of tbe testimony taken by 1. CRIMINAL evidence: competency ol witness not before grand jury. a magistrate, by whom the defendant was committed for tbe offense for which be was indicted. Upon tbe trial, tbe defendant objected to tbe testimony of a witness whose name was indorsed upon tbe indictment, upon tbe ground that be bad not testified before tbe grand jury. Tbe objection was overruled and this action of tbe district court constitutes tbe first ground of objection urged upon our attention.

*458Code, § 4421,…