What is the test for section 1335 of the California Code of Civil Procedure to protect a defendant's right to confront a witness?
California, United States of America
The following excerpt is from People v. Marshall, 121 Cal.App.3d 627, 175 Cal.Rptr. 497 (Cal. App. 1981):
"(T)he evident purpose of section 1335 is to preserve to the fullest extent in a capital case a defendant's right to confront witnesses and that no defendant should be put to death upon the testimony of a witness whose demeanor was not observed by the trier of fact " (Lee v. Superior Court, 58 Cal.App.3d 851, 853, 130 Cal.Rptr. 532.)
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