Where a prosecutor did not attempt to subpoena a witness until the morning of trial, the record did not establish due diligence in attempting to secure the witnesss presence, and thus the court erred in admitting the witnesss testimony from a previous trial. The witnesss testimony was important, resulting in a read-back request from the juries at each trial, so the reviewing court could not say that the outcome of the trial did not depend upon the jurys ability to judge the witnesss credibility. Thus, reversal was required.
Case Summaries