State v. Edmunson

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Sufficient showing was made as to the absence of the witness Thompson from the state at the second trial to permit the reading of the evidence given by him at the former trial. The matter of the admissibility of the evidence in such cases must be determined by the trial judge. There being sufficient evidence to show absence of the witness, it was the duty of the judge to admit his testimony given at the former trial: Or. L., § 727, subd. 8, § 932; State v. Von…