
    Matthew Barron, plaintiff in error, vs. The People, defendants in error.
    
      —Judgment reversed, venire de novo, by New Yorlc Oyer and Terminer.
    
    Edward Sandford, for plaintiff in error;
    John M’Keon, for defendants in error.
   The deposition of a witness taken in a criminal case pursuant to the statute (1844, p. 476, § 11) relating to certain offences committed in the city of Mew York, may be read in evidence on the trial of an indictment on proof th&i, the witness is a non-resident of the city at the time of the trial, and was so when the deposition was taken. (Reported, 1 Comstock, 386.  