Boyd

The defendant, having been informed against by the district attorney of Siskiyou county for the crime of robbery, was tried therefor, convicted of said crime and thereupon sentenced by the court to imprisonment in the state prison for the term of two and a half years.

This appeal is from the judgment and the order denying his motion for a new trial.

The points made by the appellant for a reversal are: 1. Errors in the.decision of questions of law arising during the course of the trial; 2. That the jury were “guilty of misconduct by which a fair and due consideration of the case has been prevented”; 3. “That the verdict is contrary to the law and the evidence in the case.”

1. The claim that the court erred in the decision of questions of law grows out of the admission in evidence, over the objection of the defendant, of the deposition of one George L. Weston, who was a witness at the preliminary examination and who could not be found by the sheriff and his presence at the trial secured. The ground of the objection to said deposition was that a sufficient showing of diligence in an effort to subpoena and procure the attendance of said witness at the trial had not been made to…