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People v. Curry

232 Cal.App.2d 146 (Cal. Ct. App. 1965)
People v. Curry

1 Citing case

  1. People v. Andrews

    234 Cal.App.2d 69 (Cal. Ct. App. 1965)   Cited 38 times
    In People v. Andrews, 44 Cal.Rptr. 94 (1965), decided shortly after Pointer v. Texas, supra, that court held that the stipulation of the accused's attorney, made in open court, in the presence of the accused and without his objection, that the case could be tried on the transcript of testimony taken at the preliminary hearing, was a waiver by the accused of his constitutionally guaranteed right to be confronted by witnesses at trial.

    We hold, under the Dorado rule, that the admission in evidence of the defendant's incriminating statements, under the circumstances shown here, constituted prejudicial error and requires reversal. ( People v. Stewart, supra; People v. Curry, 232 Cal.App.2d 146 [ 42 Cal.Rptr. 513]; People v. Moore, 232 Cal.App.2d 317 [ 42 Cal.Rptr. 662].) The judgment appealed from is reversed and the cause is remanded.