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COM. v. PINKINS

514 Pa. 418 (1987)

525 A.2d 1189

COMMONWEALTH of Pennsylvania, Appellant, v. Ricky D. PINKINS, Appellee.

Supreme Court of Pennsylvania.

Decided May 22, 1987.

Attorney(s) appearing for the Case

James P. Epstein, Dist. Atty., Charles S. Hersh, Asst. Dist. Atty., Mercer, for appellant.

Robert B. Lawler, Eric B. Henson, Philadelphia, Richard A. Lewis, Harrisburg, for amicus curiae.

David J. Graban, Sharon, for District Attorneys' Assoc.

David J. Graban, Fruit, Dill, Goodwin & Scholl, Sharon, for appellee.

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

OPINION OF THE COURT

LARSEN, Justice.

Two issues are presented for our consideration in this case. They are 1) whether a criminal defendant's Sixth Amendment right of confrontation1 is violated by the admission into evidence of a co-conspirator's out-of-court declarations, where the prosecution fails to prove that the declarant is unavailable to testify at trial; and 2) whether a defendant...

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