The preliminary hearing testimony of a witness unavailable for trial was properly admitted where defendant had a full and fair opportunity to cross-examine the witness, at the preliminary hearing. Judgment of sentence affirmed.
December 30, 2016 at 12:00 AM
1 minute read
Attempted Murder of a Law Enforcement Officer • Use of Preliminary Hearing Testimony • Failure of Witness to Appear for Trial • Full and Fair Opportunity to Cross-Examine
Commonwealth v. Mitchell, PICS Case No. 16-1551 (Pa. Super. Dec. 8, 2016) Dubow, J. (7 pages).
The preliminary hearing testimony of a witness unavailable for trial was properly admitted where defendant had a full and fair opportunity to cross-examine the witness, at the preliminary hearing. Judgment of sentence affirmed.
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