United States v. Hodge

Opinion of the Court

Quinn, Chief Judge:

We granted review to consider whether the trial judge erred to the accused’s prejudice by admitting in evidence, over defense counsel’s objection, a deposition which had been taken by the Government in anticipation that the witness would be unavailable to testify at trial.

Trial was held in the Republic of Vietnam. Subsequent to the deposition and before trial, the witness had left Vietnam to return to the United States and had been discharged from the service. There is evidence that, before trial, he was asked if he would return at Government expense to…