People v. Diaz

Citations

• 6 Cal. 248
• 1856 Cal. LEXIS 116

Syllabus

<p>In criminal caSos, on a motion for continuance by defendant, on the ground of the absence of a material witness, based on a sufficient affidavit, the agreement of the district attorney that the witness, if present, would have deposed as averred in defendant's affidavit, is not sufficient to warrant the overruling of the motion.</p> <p>The district attorney should have admitted the truth of the facts, to which the witness would testify, absolutely.</p> <p>It is the right of the accused to have his witnesses orally examined in Court, and to confront them, with those called, to impeach their testimony.</p> <p>Under our statute, motions for continuance in criminal oases, are subject to review upon appeal*.</p>