State v. Smith

The accused was tried before a jury for murder, was convicted of manslaughter, was sentenced to the penitentiary, and has appealed.

He having denied on cross-'examination that he had made certain statements in his testimony on the preliminary examination of his case, the prosecution, in rebuttal and for the purpose of impeaching him as a witness, put on the stand the stenographer who had taken down the testimony at the preliminary examination; and after this stenographer had testified that he had no recollection of what the said testimony had been, but remembered that he had taken it down…