What is the test for producing a witness in a criminal case?
MultiRegion, United States of America
The following excerpt is from World Wide Automatic Archery, Inc. v. United States, 356 F.2d 834 (9th Cir. 1966):
First, this is not a valid, well-phrased instruction, for it omits certain important elements: (a) that the witness is a material witness; (b) that the witness' testimony would elucidate matters under investigation; and (c) that it was peculiarly within the state's power to produce such witness. Clayton v. United States, 152 F.2d 402, 403-404 (9th Cir. 1945).
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