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COM. v. ELLSWORTH

409 Pa. 505 (1963)

Commonwealth v. Ellsworth, Appellant.

Supreme Court of Pennsylvania.

January 8, 1963.

Attorney(s) appearing for the Case

Paul Yermish, for appellant.

Burton Satzberg, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 8, 1963:

In this homicide trial did the trial judge commit reversible error in permitting the Commonwealth to introduce into evidence against the defendant Ellsworth declarations made, in Ellsworth's absence, by one Wilson, allegedly Ellsworth's co-conspirator, which declarations — in large part narrations of past events — implicated Ellsworth in the homicide and were made after both Wilson and Ellsworth...

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