context: Under the circumstances, the transcript of the prior testimony is admissible under the Rule because the witness was "unavailable" and the other conditions were complied with. At the first trial she had been subject to cross examination by the defendant.
citation_a.signal: see
citation_a.identifier: 535 F.2d 479, 482
citation_a.parenthetical: transcript of witness testimony at prior trial held admissible where Government was unable to obtain service of subpoena
citation_a.sentence: See United States v. Curry, 471 F.2d 419, 421 (5th Cir.), cert. denied, 411 U.S. 967, 93 S.Ct. 2150, 36 L.Ed.2d 688 (1973) (witness unavailable to testify at trial); United States v. Hayes, 535 F.2d 479, 482 (8th Cir. 1976) (transcript of witness testimony at prior trial held admissible where Government was unable to obtain service of subpoena); United States v. Bell, 500 F.2d 1287, 129 (2d Cir. 1974) (sick witness held unavailable; unavailability is for trial judge’s determination in first instance and appellate court would not quickly overturn his ruling); cf. Government of Virgin Islands v. Aquino, 378 F.2d 540, 551 (3rd Cir. 1967) (government must make bona fide effort to secure attendance of witness). We also note that the testimony in the transcript was cumulative of George Jackson’s testimony.
citation_b.signal: cf.
citation_b.identifier: 378 F.2d 540, 551
citation_b.parenthetical: government must make bona fide effort to secure attendance of witness
citation_b.sentence: See United States v. Curry, 471 F.2d 419, 421 (5th Cir.), cert. denied, 411 U.S. 967, 93 S.Ct. 2150, 36 L.Ed.2d 688 (1973) (witness unavailable to testify at trial); United States v. Hayes, 535 F.2d 479, 482 (8th Cir. 1976) (transcript of witness testimony at prior trial held admissible where Government was unable to obtain service of subpoena); United States v. Bell, 500 F.2d 1287, 129 (2d Cir. 1974) (sick witness held unavailable; unavailability is for trial judge’s determination in first instance and appellate court would not quickly overturn his ruling); cf. Government of Virgin Islands v. Aquino, 378 F.2d 540, 551 (3rd Cir. 1967) (government must make bona fide effort to secure attendance of witness). We also note that the testimony in the transcript was cumulative of George Jackson’s testimony.