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FISHER v. COM.

Record No. 760515.

232 S.E.2d 798 (1977)

Harvey James FISHER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 4, 1977.

Attorney(s) appearing for the Case

Frank F. Arness, R. Wayne Nunnally, Portsmouth (Nunnally & Arness, Portsmouth, on brief), for plaintiff in error.

Guy W. Horsley, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

This is a criminal appeal which deals with the constitutional right of confrontation. U.S.Const. amends. VI, XIV, § 1; Va.Const. art. I, § 8. We consider whether testimony given by a witness during a preliminary hearing on a murder charge may properly be received as substantive evidence for the prosecution in the subsequent trial for both the murder and a robbery arising out of the same occurrence when the witness is deceased at the time...

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