63 Iowa 268 | Iowa | 1884
The defendant demurred to the indictment upon the ground that the facts charged did not constitute seduction, and that it
It is claimed that the witness was not qualified to give the testimony, because it did not appear that he claimed that he could remember and state all that the deceased witness testified to. It is true that the witness did' not at all times answer in an entirely consistent manner the multitude of questions asked him as to his ability to give all of the testimony, but an examination of the record satisfies us that he did claim that hfe was able to give' the substance of all of it. And to be able to give the substance of all that was sworn to by the deceased witness is all that is required. Greenl. on Evidence, Sec. 165; Harrison v. Charlton, 42 Iowa, 573; Fell v. B., C. R. & M. R. Co., 43 Id., 177.
It is further claimed that the evidence was incompetent under section 10 of -article I of the constitution, which provides that in all criminal prosecutions the accused shall have a right “to be confronted with the witness against him.”
This constitutional provision is common to most if not all of the states of the Union, and it has been quite uniformly held that it is not violated by the admission of testimony in
These, and other authorities that might be cited, hold that in such case the accused does meet the witnesses against him face to face; that, by the death of a witness, what he gave as his testimony upon the preliminary examination becomes evidence in the case, and may be proved in the same manner as the testimony of a deceased witness in a civil case; that it is no more a violation of the constitution than'itisto allow proofs of dying declarations, which are everywhere admitted as evidence in cases of homicide. We are fully satisfied that these authorities announce a correct rule, and we do not deem it necessary to further elaborate the question. It is proper to state, however, before leaving this branch of the casé, that counsel for appellant cite us to the case of State v. Collins, 32 Iowa, 36, where it is held that in a criminal trial it is not competent for the state to introduce the minutes of the testimony of a witness taken down by the magistrate in the preliminary examination before him, as original evidence against the defendant. In that case the witness whose evidence was sought to be reproduced was present at the trial, and was examined as a witness, and the question now under consideration was not considered nor passed upon by the court.
We have examined this whole record with care, and reach the conclusion that the rulings of the court were correct, and that the judgment is just.
Affirmed.