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COM. v. LaROSA

283 Pa.Super. 264 (1980)

423 A.2d 1247

COMMONWEALTH of Pennsylvania v. Joseph LaROSA, Appellant.

Superior Court of Pennsylvania.

Filed December 29, 1980.

Petition for Allowance of Appeal Denied April 20, 1981.

Attorney(s) appearing for the Case

Jeffrey Miller, Philadelphia, for appellant.

Thomas McGarrigle, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.

CERCONE, President Judge:

This is an appeal from a conviction for aggravated assault. The primary question presented is whether Commonwealth v. Bennett, 224 Pa.Super. 238, 303 A.2d 220 (1973) and its progeny preclude a finding of guilt beyond a reasonable doubt where the evidence of guilt adduced at trial consists mainly of the victim's out-of-court inculpatory "excited utterance," when at trial the victim cannot recall...

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