State v. Gallina

The contested issue presented is, principally, whether the State showed sufficient diligence upon which to predicate the admission in evidence of the transcript of testimony given at a prior trial of an absent witness. We think appellant's contention will have to be sustained. The appeal is by James Gallina from a judgment imposing a sentence of one year in jail for manslaughter.

The facts with respect to diligence, shown in the absence of the jury, follow. The indictment charged murder, was filed September 5, 1941, and appellant pleaded "not guilty." At the first trial, April 17, 1942, the…