People v. Lundquist

Citations

• 84 Cal. 23
• 24 P. 153
• 1890 Cal. LEXIS 753

Syllabus

<p>Criminal Law — Practice — Commission to Take Depositions —Jurisdiction— Discretion.—The superior court has jurisdiction and is in duty bound to grant an order for a commission to take the depositions of witnesses out of the state, to he used in a criminal case, in behalf of the defendant, when the evidence sought to be elicited is material and important to the defense, and the showing made contains all that the statute requires. Nor will it be considered whether the ruling refusing such commission was within the discretion of the court, if it is refused on the sole ground of want of jurisdiction to make the order.</p>