California, United States of America
The following excerpt is from People v. Williams, 265 Cal.App.2d 888, 71 Cal.Rptr. 773 (Cal. App. 1968):
In McBride v. State (Alaska 1962) 368 P.2d 925, cert. denied 1963, 374 U.S. 811, 83 S.Ct. 1702, 10 L.Ed.2d 1035 an electronic recording of testimony given at a former trial was played for the jury at a later hearing. The declarant, who did not appear, had been cross-examined during the initial proceeding. Since the opportunity for cross-examination had been preserved, it was held that there was no violation of the right of confrontation. Demeanor evidence, the court said, is 'merely desirable; it is not indispensable and may be dispensed with in cases where the witness is unavailable.'
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