98 Iowa 652 | Iowa | 1896
Dr. De Tar was called as a witness for the sthte, and was objected to by the defendant because his name was not indorsed on the indictment, and the minutes of his testimony were not presented with the indictment. The court permitted the examination on a showing that notice had been served on defendant’s attorney having charge of the case. The following is a part of section 4421 of the Code: “The district (county) attorney, in offering the evidence in support of the indictment * * * shall not-be permitted to introduce any witness who was not examined before the grand jury, and the minutes of whose testimony was not taken by the clerk of the grand