People v. Franquelin

Defendant was convicted by a jury of attempted extortion. He appeals from the judgment and the order denying his motion for a new trial. As grounds for reversal he urges (1) it was not shown that Bette Cole, the prosecuting witness whose testimony given at the preliminary examination was read at the trial, could not with due diligence be found within the state; (2) the evidence is insufficient to support the verdict; and (3) the court erred in instructions given and refused.

Penal Code, section 686, provides that in a criminal prosecution the defendant is entitled “to be confronted with the…