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1784

Unlawful Flight to Avoid Giving Testimony

No complaint should be authorized under that portion of the statute punishing flight to avoid giving testimony in criminal proceedings involving a felony until the state criminal proceedings, to which such testimony related, has actually been instituted in the state court. See Durban v. United States, 321 F.2d 520 (D.D.C. 1954).

The majority of states have adopted the Uniform Act to Secure the Return of Witnesses From Without the State in Criminal Cases. Therefore, a state should be required to exhaust existing remedies for securing the return of witnesses before seeking federal assistance.

[cited in USAM 9-69.440]