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PEOPLE v. REDD

Docket No. 3528.

273 Cal.App.2d 345 (1969)

78 Cal. Rptr. 368

THE PEOPLE, Plaintiff and Respondent, v. CARROLL EUGENE REDD, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

May 23, 1969.

Attorney(s) appearing for the Case

Gerald S. Mendell, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Elizabeth Miller and Melvin R. Segal, Deputy Attorneys General, for Plaintiff and Respondent.

WHELAN, J.

Defendant appeals from a judgment imposing sentence following his conviction by verdict of grand theft.

[1a] The sole contention on appeal is that there was reversible error in permitting, over objection, the reading of the testimony of Homer L. Smith given at the preliminary hearing. Defendant asserts that it was not shown that due diligence was exercised to obtain the presence of Smith at the trial; that as a result defendant has...

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