What is the test for determining whether it has been satisfactorily shown that the prosecuting witness can not with reasonable diligence be found within the state?

California, United States of America


The following excerpt is from People v. Palacios, 261 Cal.App.2d 566, 68 Cal.Rptr. 137 (Cal. App. 1968):

The question whether it has been satisfactorily shown that the prosecuting witness could not with reasonable diligence be found within the state was one primarily addressed to the trial judge to be determined by him from the evidence presented. It is a question of fact, the determination of which by the trial judge will not be interfered with unless the appellate court is satisfied that the trier of fact abused the discretion lodged in him in determining that due diligence had been used and that the witness could not be found. (People v. Dozier, 236 Cal.App.2d 94, 102, 45 Cal.Rptr. 770.)

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