Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony?
California, United States of America
The following excerpt is from Terry, In re, 4 Cal.3d 911, 484 P.2d 1375, 95 Cal.Rptr. 31 (Cal. 1971):
Barber v. Page, Supra, 390 U.S. 719, 88 S.Ct. 1318, 20 L.Ed.2d 255, held that the absence of a witness from the jurisdiction would not justify the use at trial of his preliminary hearing testimony unless the state had made a good-faith effort to secure the witness' presence.
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