People v. Johnson

The defendant was convicted of the crime of . manslaughter under an information accusing him of the crime of murder.

This .appeal is from the judgment and the order denying defendant a new trial.

The only point made here is on the ruling of the court refusing, it is claimed, to allow the defendant to establish a. foundation for the introduction in evidence of the deposition of a witness taken at the preliminary examination of the charge on which the accused was tried.

Section 686, subdivision 3, of the Penal Code, upon which counsel sought to introduce the evidence of said witness, provides, inter alia, that “where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within, the state. ’ ’

There is no claim that the witness was dead or insane at the time of the trial.

Even if it be…