People v. Reilly

Belcher, C.

The defendant was convicted of the crime of robbery, and sentenced to be imprisoned in the state prison for the term of twenty years. He appeals from the judgment and from an order denying his motion for a new trial.

The only point made for reversal is that the court below erred in permitting the deposition of John O’Brien, taken at the preliminary examination of defendant, to be read in evidence.

O’Brien was the prosecuting witness, and, when his deposition was offered, counsel for defendant objected that it was inadmissible under section 686 of the Penal Code; and, again, that it…