Legal Opinion

People v. Linder

California Supreme Court

Decided July 8, 1971No. Crim. 15505PublishedCited by 27 opinions

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

  1. People v. WatsonCalifornia Supreme Court · 1956
  2. Barber v. PageSupreme Court of the United States · 1968
  3. People v. McFarlaneCalifornia Supreme Court · 1903
  4. People v. CavazosCalifornia Supreme Court · 1944
  5. People v. BenjaminCalifornia Court of Appeal · 1970

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. People v. SandersCalifornia Supreme Court · 1995
  2. People v. CromerCalifornia Supreme Court · 2001
  3. Janich Bros., Inc. v. The American Distilling Co.Court of Appeals for the Ninth Circuit · 1978
  4. People v. SoojianCalifornia Court of Appeal · 2010
  5. Towner v. StateWyoming Supreme Court · 1984

22 more not listed; retrieve them via the Exa API.

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