trial court should have considered the totality of the defendant's efforts to secure the presence of his witness at trial; it erred by excluding that witness's former testimony solely because the defendant made no attempt to subpoena the witness until the day before trial
How later courts described this case
- trial court should have considered the totality of the defendant's efforts to secure the presence of his witness at trial; it erred by excluding that witness's former testimony solely because the defendant made no attempt to subpoena the witness until the day before trial
Written by the judges who cited it.
The opinion
McCOMB, J.
I dissent. I would affirm the judgment for the reasons *349 expressed in the by The Court opinion of the. Court of Appeal, Fourth Appellate District, Division One (People v. Linder, 4 Crim. No. 3994, filed January 13, 1971, certified for nonpublication).