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COM. v. McCANDLESS

880 A.2d 1262 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Thomas McCANDLESS, Appellee.

Superior Court of Pennsylvania.

Filed August 3, 2005.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for the Com., appellant.

Michael C. Schwartz, Philadelphia, for appellee.

Before: DEL SOLE, P.J., FORD ELLIOTT, STEVENS, ORIE MELVIN, LALLY-GREEN, TODD, GANTMAN, McCAFFERY and PANELLA, JJ.

GANTMAN, J.:

¶ 1 The Commonwealth of Pennsylvania appeals the pretrial order entered in the Philadelphia County Court of Common Pleas, which granted Appellee Thomas McCandless' motion in limine to exclude the preliminary hearing testimony of an unavailable Commonwealth witness at Appellee's retrial. Specifically, the trial court determined Appellee had been denied a full and fair opportunity to cross-examine the witness at Appellee's preliminary hearing...

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