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COM. v. JOHNSON

507 Pa. 27 (1985)

487 A.2d 1320

COMMONWEALTH of Pennsylvania, Appellant, v. Dwayne JOHNSON. Dwayne JOHNSON, Appellant, v. COMMONWEALTH of Pennsylvania.

Supreme Court of Pennsylvania.

Decided February 21, 1985.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Philadelphia, for Com.

John W. Packel, Chief, Appeals Div., Gaele McLaughlin Barthold, Jeffrey Shender, Philadelphia, for Johnson.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA, and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

In these cross appeals we are called upon to decide whether, without the consent of the prosecutor, a trial court has the power to grant use immunity for the compelled testimony of a defense witness. The question of defense witness immunity presented here is one of first impression in this Commonwealth. The trial judge refused to grant immunity holding that:

[T]he request and issuance of immunity is within the...

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