Cady

The defendant was charged in the information with the crime of murder, and was convicted of manslaughter. He appeals from the judgment and order denying his motion for a new trial.

1. The main point made by appellant for a reversal is that the court erred in permitting the testimony of one Champion, taken at the preliminary examination, to be read in evidence by the prosecution—the contention being that such testimony cannot, under the constitution, be admitted under any circumstances. But this cause had been submitted upon oral argument and written briefs some time before the decision by this court of the case of People v. Sierp; and in the latter case the arguments presented upon this point in the case at bar were fully considered. In the Sierp case the *11 point as to the admissibility of testimony given at a preliminary examination was thoroughly considered, and determined adversely to the contention of the appellant in the present case. We adhere to the rule there declared. (See People v. Sierp, 116 Cal. 249 .)

2. Appellant contends that the verdict was unwarranted by the evidence; but an examination of the record clearly shows sufficient evidence to justify the jury in…