Is a defendant's presence required when evidence is taken before the trier of fact?

California, United States of America


The following excerpt is from People v. Benjamin, 124 Cal.Rptr. 799, 52 Cal.App.3d 63 (Cal. App. 1975):

A defendant's presence is required when evidence is taken before the trier of fact. (Pen.Code, 977, subd. (b) and 1043; People v. House, 12 Cal.App.3d 756, 766--767, 90 Cal.Rptr. 831 (overruled on other grounds in People v. Beagle, 6 Cal.3d 441, 451, 99 Cal.Rptr. 313, 492 P.2d 1); People v. Teitelbaum, 163 Cal.App.2d 184, 207--208, 329 P.2d 157.)

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