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Davis v. State

Citations

  • 17 Ala. 354

Syllabus

<p>1. Proof of what a deceased witness testified to on a preliminary examination before a justice of the peace, touching the same clm-go for which the accused stands indicted, is admissible against him, although tho examination was not reduced to writing.</p> <p>2 In such case it is not necessary to prove the language used by the witness in giving his testimony; its substance is all that is required.</p> <p>3. But proof of what a 'deceased witness testified to on a former trial is not admissible, unless the point in issue is the same.</p>

Judges: Dargan

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