The testimony of Luke was clearly admissible. (People v. Murphy , 45 Cal. 137.)
OPINION
In Bank. The Court:
On the trial of this case the prosecution offered in evidence the short-hand reporter's notes of the evidence given by one Luke on a former trial of the case. The evidence was objected to by defendant's counsel, the objection was overruled, and the notes were read in evidence. This was error. (People v. Chung Ah Chue , 57 Cal. 567.)
Judgment and order reversed.