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Commonwealth v. Mccloud

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eBook details

  • Title: Commonwealth v. Mccloud
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 29, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Appellant, Artie McCloud, was charged with the murder of one Louella Pester. At McClouds jury trial, the Commonwealth endeavored to satisfy its burden of proving legal causation beyond a reasonable doubt by reading into evidence, over repeated objection, substantial portions of the written report of the official, salaried medical examiner who performed an autopsy on the deceased. The medical examiner was not called to testify; at the time of trial he was attending a convention. Recognizing that the report was hearsay evidence, the Commonwealth relied on a claimed statutory exception to the hearsay rule, the Pennsylvania Uniform Business Records as Evidence Act. On this direct appeal from his conviction of murder in the second degree, appellant contends that the Commonwealths introduction of the report without calling the medical examiner constitutes reversible error. We agree.


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