Melville Fuller

“ The rule is firmly established by the decisions of the highest court of Alabama, that when a witness is beyond the jurisdiction of the court, whether he has removed from the state permanently or for an indefinite time, his testimony on a former trial for the same offense may be given in evidence against defendant on a subsequent trial. ”

“ These objections having been overruled, evidence was introduced of the testimony given by the absent witness on direct and cross examination on the former trial, to which defendant objected on the ground, among others, 'that the defendant, Jacobi, has the constitutional right to be confronted by the witnesses against him.' The trial judge overruled defendant's objections, and each ground thereof, and admitted the evidence, and defendant duly excepted. ”

“ Jacobi was convicted in the city court of Montgomery, Montgomery county, Alabama, on an indictment for criminal assault, and the judgment against him was affirmed by the supreme court of that state. 32 So. ”