Templeton v. People

•Graves, J.

The plaintiff in error was charged with an attempt to murder by poison, and was convicted and sentenced.

On the trial the prosecution was allowed, under objection, to give in evidence the return of the examining magistrate, to show that upon the examination he gave no evidence, and the court instructed the jury that they were at liberty to consider this as entitled to more or less weight, as it should seem to them proper and just, as evidence bearing on the prisoner’s guilt.

We think in this the court erred. While we do not doubt but that the fact that a person charged with crime *502make…