COMMONWEALTH v. McCLOUD


457 Pa. 310 (1974)

Commonwealth v. McCloud, Appellant.

Supreme Court of Pennsylvania.

July 29, 1974.


Attorney(s) appearing for the Case

Nolan N. Atkinson, Jr., with him Zack, Myers and Atkinson, for appellant.

Albert L. Becker, Assistant District Attorney, with him David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE ROBERTS, July 29, 1974:

Appellant, Artie McCloud, was charged with the murder of one Louella Pester. At McCloud's jury trial, the Commonwealth endeavored to satisfy its burden of proving legal causation beyond a reasonable doubt by reading into evidence, over repeated objection, substantial portions of the written report of the official, salaried medical examiner who performed an autopsy on the deceased. The medical examiner was not called to...

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