57 Kan. 255 | Kan. | 1896
The State Constitution provides that “In all prosecutions, the accused shall be allowed ... to meet the witness face to face.” § 10, Bill of Rights. These provisions secure to the accused, whose life or liberty is involved, an important right of which he cannot be deprived except with his consent. It is a personal right which he may waive, and, if to avoid continuance or delay, he had consented that the testimony of Yarrow, written down on the former trial, might be read as evidence to the jury as a substitute for the oral testimony and presence of the witness, he would be concluded by his consent. The State v. Adams, 20 Kan. 311. Here, however, there was a vigorous opposition to the reception of the testimony, and the grounds of objection were repeatedly and specifically pointed out to the Court. Yarrow’s testimony, so read to the jury, was lengthy and important, and doubtless had much to do with the verdict which was returned.
Some other objections are made to the rulings of the Court at the trial, but none of them are deemed to be material.
For the error mentioned the judgment will be reversed, and the cause remanded for a new trial.