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" ... in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the Court that he is dead... "
The New York Supplement - Page 25
1913
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...has been taken conditionally according to sections 210 to 212, both inclusive, the deposition of the witness may be read, upon its being satisfactorily...dead or insane, or cannot with due diligence be found within the state. tion for a public offence, for which he has once been prosecuted and duly convicted...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - Criminal procedure - 1850 - 562 pages
...appearance, has been taken conditionally, according to sections 218 and 219, the deposition of the witness may be read, upon its being satisfactorily...cannot, with due diligence be found in the state. The first subdivision of this section is taken from the bill of rights. 1 RS, 2d ed. 95. sec. 14. The...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...the Union to another to expiate his crime. By section 11, "depositions properly taken under this act may be read upon its being satisfactorily shown to the court that the witness is dead or insane, or cannot with due diligence be found within the State." It appears,...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...counsel cross-examined, or had an opportunity to cross-examine the witness, the deposition of such witness may be read upon its being satisfactorily...dead or insane, or cannot with due diligence be found within the state. SEC. 12. No person shall be subject to a second prosecution for a second public offence,...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such the peoIle of this state, or by any subsequent patentee...premises, is heirs or assigns, within five years after within the state. Авт. 1387, Sec. 12. No person shall be subject to a second prosecution for a public...
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...counsel, cross-examined, or had an opportunity to cross-examine the witness, the deposition of such witness may be read upon its being satisfactorily...or insane, or cannot, with due diligence, be found within the territory. SEC. 11. No person shall be subject to a second prosecution for a public offence,...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...counsel, cross-examined, or had an opportunity to cross-examine the witness, the deposition of such witness may be read upon its being satisfactorily...or insane, or cannot, with due diligence, be found within the territory. SEC. 11. No person shall be subject to a second prosecution for a public offence,...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865 - 662 pages
...counsel cross-examined, or had an opportunity to cross-examine the witness, the deposition of such this State, which may be levied upon, and is not...sale ; provided, that the county judge of each and within the State. 1600. SEC. 12. No person shall be subject to a second prosecution for a public offense,...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 858 pages
...by counsel cross-examined or had an opportunity to cross-ci^mine the witness, the deposition of such witness may be read upon its being satisfactorily...the court that he is dead or insane or cannot with dna diligence be found within the state. 11. In a criminal case if the court impose upon counsel against...
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The Penal Code of California, Volume 4

California - Criminal law - 1872 - 698 pages
...counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily...dead or insane, or cannot with due diligence be found within the State. NOTE.— See notes to Sec. 081, ante, nnd 689, post. 687. (§ 12.) No person can...
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