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COM. v. BAZEMORE

531 Pa. 582 (1992)

614 A.2d 684

COMMONWEALTH of Pennsylvania, Appellee, v. Jacquet BAZEMORE, Appellant.

Supreme Court of Pennsylvania.

Decided September 16, 1992.

Attorney(s) appearing for the Case

Lester G. Nauhaus, Public Defender and Shelley Stark, Chief-Appellate Div., Office of the Public Defender, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Claire C. Capristo Deputy Dist. Atty., Kemal A. Mericli and Scott A. Bradley, Asst. Dist. Attys., Pittsburgh, for appellee.

George S. Leone, Asst. Dist. Atty., Philadelphia, for Dist. Attys. Ass'n, amicus curiae.

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

OPINION OF THE COURT

CAPPY, Justice.

The issue presented in this appeal is whether the transcript of prior testimony from a preliminary hearing of an unavailable Commonwealth witness should be admissible at trial where the Commonwealth failed to disclose to the defense vital impeachment evidence regarding this witness prior to the preliminary hearing.

On August 13, 1987, a criminal complaint was filed against...

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