Mills v. Superior Court

Opinion

MOSK, J.

We granted review in this case to determine the constitutionality of Penal Code section 872, subdivisions (b) and (c), which authorize the admission at preliminary hearings of written statements in lieu of testimony of any witness who is not an eyewitness to or a victim of a crime against his person.1 Under the statute, a finding of probable cause may be based *955in whole or in part on such hearsay evidence unless the accused initiates “reasonable efforts” to secure the attendance of the witness.

Defendant’s efforts in this regard were limited to a telephone call to the prosecuting…