People v. Linder
California Supreme Court
1Opinion of the Court
Opinion
MOSK, J.
Defendant was convicted of two counts of burglary in the second degree. (Pen. Code, § § 459, 460.) At the trial he attempted to read into the record a transcript of testimony given by his former wife during a previous trial on the same charges which had ended in a mistrial. The trial court refused to admit the evidence on the ground that not until the day before the second trial was scheduled to begin did defendant deliver to the sheriff a subpoena to be served upon his former wife.
We conclude that the court erred in refusing to admit the testimony upon this ground and that the…
2Cases cited9 opinions
- People v. WatsonCalifornia Supreme Court · 1956
- Barber v. PageSupreme Court of the United States · 1968
- People v. McFarlaneCalifornia Supreme Court · 1903
- People v. CavazosCalifornia Supreme Court · 1944
- People v. BenjaminCalifornia Court of Appeal · 1970
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3Cited by27 opinions
- People v. SandersCalifornia Supreme Court · 1995
- People v. CromerCalifornia Supreme Court · 2001
- Janich Bros., Inc. v. The American Distilling Co.Court of Appeals for the Ninth Circuit · 1978
- People v. SoojianCalifornia Court of Appeal · 2010
- Towner v. StateWyoming Supreme Court · 1984
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