Government of the Canal Zone v. Ruben Antonio Yanez P. (Pinto), Government of the Canal Zone v. David Rouse U. (Uweil)

WISDOM, Circuit Judge:

R. A. Yanez P. (Pinto) and D. Rouse U. (Uweil), the defendant-appellants, were convicted of assault with intent to rob. The evidence identifying them as the assailants consisted in part of hearsay statements made by the two victims at a preliminary hearing. These statements were introduced under the Canal Zone codal provisions regulating the use of deposition testimony of absent witnesses. Because the government made no showing that it was unable to procure the attendance of the declarants to testify at trial, the prosecution’s use of this testimony violated sections…