People v. Morine

Citations

• 54 Cal. 575

Syllabus

<p>Evidence—Criminal Law—Deposition.— The deposition of a witness in a criminal case, taken by the committing magistrate, under § 889 Penal Code, is not admissible in evidence against the defendant, under § 686 Penal Code, ° ’ unless taken in manner and form and certified as required by the former section; and the certificate must set forth an actual compliance with all the requirements of the statute. Held, accordingly, that a deposition not certified by the magistrate, otherwise than by a jurat, in the ordinary form, was inadmissible.</p> <p>Id.—Id.—Id.—Constitutional Law.—A query made as to the constitutionality of § 686 Penal Code; but held, not necessary to decide it.</p>