FRYE

v.

PATTEN

Citator

Cited By

• United States v. Hayes, 477 F.2d 868 (10th Cir. 1973)
  …essentia] predicate for them — the witness’ availability — was not shown. See United States v. Pugh, 141 U.S.App.D.C. 68, 436 F. 2d 222, 226; United States v. Makekau, supra; United States v. Peterson, 424 F. 2d 1357, 1362 (7th Cir.), cert. denied, 400 U.S. 958, 91 S.Ct. 357, 27 L.Ed.2d 266. Thus there was no error in refusing the instruction. Third, we turn to defendant’s argument that he was entitled to a judgment of acquittal because entrapment was shown as a matter of law. He relies considerably on Un…
• United States v. Pizarro, 717 F.2d 336 (7th Cir. 1983)
  …shows that through neither party’s fault the witness was physically unavailable to both parties, since the party who might be expected to call the witness is unable to do so. United States v. Peterson, 424 F. 2d 1357, 1362 (7th Cir.), cert. denied, 400 U.S. 958, 91 S.Ct. 357, 27 L.Ed.2d 266 (1970); see United States v. Johnson, 562 F. 2d 515, 517 (8th Cir.1977); United States v. Wilson, 534 F. 2d 375, 377-78 (D.C.Cir.1976). The facts of this case illustrate this point. As noted above, the evidence present…