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COMMONWEALTH v. CLARKSON

438 Pa. 523 (1970)

Commonwealth v. Clarkson, Appellant.

Supreme Court of Pennsylvania.

May 27, 1970.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr., for appellant.

Arthur R. Makadon, Assistant District Attorney, with him James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, May 27, 1970:

Appellant was arrested in connection with the killing of his aunt's fiance and subsequently found guilty by a jury of murder in the second degree. On his direct appeal he now asserts that his conviction must be reversed because the trial court permitted the prosecution to introduce into evidence the transcript of testimony given at appellant's preliminary hearing by a witness who died prior to the trial, and because the...

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