STATE v. CONE

When the testimony of a witness, given at a former trial, is in writing and signed by him, no exception lies to the ruling that he cannot be asked, on cross-examination, by counsel having the written testimony, what that testimony was.

DOE, C. J.

The ruling was in accordance with the practice approved in Haines v. R. F. Ins. Co., 52 N.H. 467, and is not subject to exception.

Exception overruled

BINGHAM and ALLEN, JJ., did not sit.