People v. Dowdigan

The defendants were convicted in the circuit court for the county of Osceola of the crime of rape upon the person of Mary Penasa. She was dead at the time of the trial.

The case has been here once before, and will be found reported ante, 92.

The only error assigned upon the second conviction is the introduction in evidence of the testimony given by said Mary Penasa upon the preliminary examination before the justice of the peace who bound the parties over for trial. This examination was taken in writing under oath, and subscribed by the said Mary Penasa. It was returned to the circuit court by…