BECK, J.
¶ 1 Pursuant to a retrial, the Commonwealth appeals the trial court's pre-trial decision to exclude the preliminary hearing testimony of an unavailable Commonwealth witness. The new trial was awarded to appellee/defendant by the Third Circuit Court of Appeals upon appellee/defendant's petition to the federal court for habeas corpus relief. We conclude that the trial court erred in denying admission of the unavailable witness's testimony. Thus...
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