COM. v. SHOLCOSKY


553 Pa. 466 (1998)

719 A.2d 1039

COMMONWEALTH of Pennsylvania, Appellant, v. Ronald SHOLCOSKY, Appellee.

Supreme Court of Pennsylvania.

Decided November 9, 1998.


Attorney(s) appearing for the Case

Michael J. Barrasse, D.A., William P. O'Malley, Asst. D.A., for the Com.

Gerald Deady, West Pittston, for Ronald Sholcosky.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

ZAPPALA, Justice.

This is an appeal by the Commonwealth from the Superior Court's memorandum opinion and order vacating the judgment of sentence imposed upon Ronald Sholcosky and remanding the case for a new trial. We granted allocatur to address the issue of whether a prior inconsistent statement of a non-party witness may be used as substantive evidence if the proponent of the statement does not question the witness in court concerning the...

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