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" ... in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the Court that he is dead... "
The New York Supplement - Σελίδα 25
1913
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Lawyers' Reports Annotated, Βιβλίο 60

1903 - 1040 σελίδες
...cross-exa.mined, or hail an opportunity to cross-examine, the Witness, . . . the deposition of the witness may be read upon its being satisfactorily...cannot with due diligence be found in the state." There seems to be no provision of the Code of Criminal Procedure authorizing, in terms, the reading...

The American State Reports: Containing the Cases of General Value ..., Τόμος 91

Abraham Clark Freeman - 1903 - 1030 σελίδες
...had an opportunity to crossexamine, the witness, the deposition of such witness may be read, upon it being satisfactorily shown to the court that he is...or insane, or cannot, with due diligence, be found within the state." The appellants contend that this statute is unconstitutional, within the meaning...

The American State Reports: Containing the Cases of General Value ..., Τόμος 91

Abraham Clark Freeman - 1903 - 1036 σελίδες
...testimony, or the deposition of such witness, may be read upon the trial upon it being satisfactorily showu to the court that he is dead or insane, or cannot, with due diligence, be found wkhin the state, is not in conflict with a constitutional guaranty, that the accused shall have the...

The Pacific Reporter, Τόμος 72

1903 - 1134 σελίδες
...proper." Under the provisions of section 686 of the Penal Code, the deposition of such witness could be read "upon its being satisfactorily shown to the court that he • * * cannot with due diligence be found within the state." The record shows that he could not be...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 138

California. Supreme Court - 1903 - 878 σελίδες
...proper." Under the provisions of section 686 of the Penal Code, the deposition of such witness could be read "upon its being satisfactorily shown to the court that he ... cannot with due diligence be found within the state." Tlfe record shows that he could not be found...

The Pacific Reporter, Τόμος 77

1904 - 1164 σελίδες
...provides that the deposition of a witness on the preliminary examination may be read on the trial, "upon Its being satisfactorily shown to the court...dead, or insane, or cannot with due diligence be found within the state." The uncontradicted evidence of the father of said witness was, in the absence of...

The Pacific Reporter, Τόμος 77

1904 - 1164 σελίδες
...provides that the deposition of a witness on the preliminary examination may be read on the trial, "upon its being satisfactorily shown to the court...he is dead, or insane, or cannot with due diligence he found within the state." The unconrradlcted evidence 01 the father of said witness was, In the absence...

The Penal Code of the State of New York: With All the Amendments to and ...

New York (State), William Henry Silvernail - 1905 - 1252 σελίδες
...according to the provisions of section two hundred and nineteen of this Code, the deposition of the 0r= witli due diligence be found in the state. Am'd by chap. 422 of 1887. This amendment struck out the...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 195

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1905 - 704 σελίδες
...opportunity to cross-examine the witness, the deposition of the latter may be read, upon satisfactory proof to the court that he is dead or insane, or cannot with due diligence be found in the islands. "6. To have compulsory process issue for obtaining witnesses in his own favor. "7. To have...

Penal Code of the State of New York: Including the Amendments Made by the ...

New York (State)., Charles Dunn Rust - 1905 - 646 σελίδες
...according to the provisions of section two hundred and nineteen of this Code, the deposition of the witness may be read upon its being satisfactorily shown to the court that he ia dead or insane, or cannot with due diligence be found in the state. § 9. Second prosecution for...




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