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from the porch of a house 35 rods distant, and who were sworn on the preliminary examination. The case was reversed, and the court said: ‘We think the better rule is that it is incumbent upon the prosecutor not only to have the witnesses present in court, but to have them sworn in behalf of the people, and he may then examine them much or little, as he chooses. It affords the defense an opportunity to cross-examine without prejudicing their case by the bias of the witness, if he should have any:” And see People v. Gordon, 40 Mich. 716; People v. Etter, 81 Mich. 570, 45 N. W. Rep. 1109. But see, also, comments of Cooley C. J., in Bonker v. People, 37 Mich. 4. We do not think State v. Magoon, 50 Vt. 338, cited by counsel, sustains his position; and Donaldson v. Com. 95 Pa. St. 21, also cited, is not an authority. The case was rape, and was reversed upon another ground, but the court said: ‘We cannot forbear, however, remarking that, in our opinion, the physician who, the day after the occurrence, examined the person of the girl upon whom the offense was alleged to have been committed, should have been called as a witness, and required to testify by the district attorney. Whether his evidence tended to acquit or convict, it was demanded equally by the cause of humanity on the one side and of justice on the other. We say this more especially because there was no direct evidence of the factum of the crime, and no proof of actual penetration, the prosecutrix having’ testified that she was insensible, and had no knowledge of what took place. We do not reverse for this reason, and do not sustain the fifth assignment of error, which raises the question, but merely express our opinion as to what should have been done in the peculiar circumstances of this case.” In the case in 10 Mich., Judge Christiancy said: “Whenever it appears evident to the court that but part of the facts, or a single fact, has been designedly selected by the prosecution from the series constituting the res geste, or entire transaction, and that the evidence of the others is within the power of the prosecutor, it would, I think, be the duty of the court to require the prosecutor to show the transaction as a whole.” And in Hurd v. People,