People v. Griffin
52 Cal. 616
Cal.
1878
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By the COURT:

It was error to permit the witness Smith to testify to the prior conversation between himself and Walker. The conversation was not had in presence or hearing of the defendant. It was merely hearsay evidence, and very clearly inadmissible.

For this error the judgment must be reversed. It is unnecessary to notice other palpable errors committed at the trial.

Judgment and order reversed, and cause remanded for a new trial.