U.S. Supreme Court
Berger v. California, 393 U.S. 314 (1969)
Berger v. California
No. 221, Misc.
Decided January 13, 1969
393 U.S. 314
The holding in Barber v. Page, 390 U. S. 719, that the absence of a witness from the jurisdiction would not justify the use at trial of preliminary hearing testimony unless the State had made a good faith effort to secure the witness' presence, should be given retroactive application.
Certiorari granted; 25 Cal.App.2d 622, 66 Cal.Rptr. 213, vacated and remanded.