UNITED STATES v. WILSON

Nos. 78-1829, 78-1867, 79-1014 and 79-1015.

601 F.2d 95 (1979)

UNITED STATES of America, Appellee, v. Thomas WILSON and John MacGregor, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 18, 1979.


Attorney(s) appearing for the Case

Joel Harvey Slomsky and Edward Reif, Philadelphia, Pa., for appellants.

Peter F. Vaira, U. S. Atty., Philadelphia, Pa., Michael J. Keane, Barry A. Friedman, Dept. of Justice, Washington, D. C., Robert E. Courtney, III, Special Atty., Philadelphia Strike Force, Philadelphia, Pa., for appellee.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this criminal case, the defendants' request for a deposition of a potentially crucial witness in a foreign country was denied primarily because he was a fugitive. We conclude that fact does not make the witness incompetent to testify and should be considered only in assessing the weight of the testimony. The denial of the deposition combined with the trial judge's misgivings about the credibility of an essential...

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