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COM. v. CROSLAND

397 Pa.Super. 622 (1990)

580 A.2d 804

COMMONWEALTH of Pennsylvania v. Curtis CROSLAND, a/k/a Curtis Croslend, James Turner, Appellant.

Supreme Court of Pennsylvania.

Filed September 20, 1990.

Attorney(s) appearing for the Case

Benjamin Paul, Philadelphia, for appellant.

Alan Sacks, Asst. Dist. Atty., Philadelphia, for Com.

Before ROWLEY, McEWEN and JOHNSON, JJ.

McEWEN, Judge:

We here consider an appeal from the judgment of sentence to a term of life imprisonment,1 imposed after a jury found appellant guilty of murder in the second degree, robbery, and possession of an instrument of crime. Since we find that the Commonwealth's use of the prior inculpatory testimony of a witness who was unavailable at trial due to the exercise of his Fifth Amendment privilege, under the circumstances of this case...

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