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Maynard (D) and Barnes and two other men were indicted for breaking into a storehouse. Barnes escaped from jail before the trial. During trial the government introduced evidence that Barnes escaped with the help of Barnes and the other defendant and wanted to introduce evidence from a stenographer who had taken notes of Barnes' evidence on the preliminary investigation. The notes were not read over by Barnes nor signed by him nor was a copy of these notes filed with the court clerk. D objected to the introduction, but the evidence was permitted anyway. D wanted a jury instruction to nullify the evidence of Barnes, and that was denied. D and another defendant were convicted. D appealed.

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