 | Law reports, digests, etc - 1928 - 958 pages
.... who cannot, with due diligence, be found within the state, given on a former trial of the action in the presence of the defendant who has, either in...or had an opportunity to cross-examine the witness, may be admitted." On August 31, 1925, the cause having been tried and the jury having failed to agree... | |
 | California - Criminal law - 1906 - 996 pages
...who is unable to give security (for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either...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... | |
 | California - Law reports, digests, etc - 1907 - 1112 pages
...evidence on trial of the latter case; Penal Code, section 686, providing merely that in a criminal action, where the charge has been preliminarily examined before...taken down by question and answer in the presence of defendant, who has had an opportunity to cross-examine the witness, the deposition may be read, on... | |
 | California. Supreme Court - Law reports, digests, etc - 1908 - 1002 pages
...testimony received on the preliminary examination of the defendant before a committing magistrate, and taken down by question and answer in the presence...or had an opportunity to cross-examine the witness, when authenticated and filed in the manner prescribed by section 869 of that code, to be read in evidence... | |
 | New York (State) - Criminal law - 1908 - 886 pages
...counsel; and 3. To produce witnesses in his behalf, and to be confronted with the witnesses asrninst him in the presence of the court, except that where...the charge has been preliminarily examined before a magistrate, and the testimony reduced by him to the form of a deposition in the presence of the defendant,... | |
 | New York (State) - Criminal law - 1911 - 1204 pages
...may appear and defend in person and with counsel ; and, 3. To produce witnesses in his behalf, and to be confronted with the witnesses against him in the...the charge has been preliminarily examined before a magistrate, and the testimony reduced by him to the form of a deposition in the presence of the defendant,... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1911 - 1008 pages
...who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either...or had an opportunity to crossexamine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he... | |
 | Law reports, digests, etc - 1911 - 1162 pages
...permitting it to be read to the Jury. [1] By section 686, subd. 3, of the Penal Code, it is provided that, where the charge has been preliminarily examined...the testimony taken down by question and answer, in tlie presence of the defendant, who has. either in person or by counsel, cross-examined or had an opportunity... | |
 | Law reports, digests, etc - 1912 - 1164 pages
...section 686 provides that the accused shall be entitled to be confronted with the witnesses against him, except that where the charge has been preliminarily...committing magistrate, and the testimony taken down in the presence of the accused, with opportunity to cross-examine, the deposition of such witness may... | |
 | Salt Lake City (Utah) - Municipal corporations - 1913 - 1138 pages
...have a copy thereof; 3. To testify in his own behalf; 4'. To be confronted by the witness against him, except that where the charge has been preliminarily...either in person or by counsel, cross-examined, or has had an opportunity to cross-examine, the witness, or where the testimony of a witness on the part... | |
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To be allowed counsel as in civil actions, or to appear and defend in person and with counsel; 3. To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been... 
