Legal Opinion

Commonwealth v. Smith

Supreme Court of Pennsylvania

Decided July 31, 1996PublishedCited by 62 opinions

1Opinion of the Court

*490 OPINION

CAPPY, Justice.

The question before the Court is whether testimony by a nurse wherein she repeated a statement made to her by an injured child identifying the child’s alleged abuser was inadmissible hearsay or whether such testimony was properly admitted under the medical treatment exception to the hearsay rule.

The testimony at trial revealed the following. Appellant testified that he was asleep at his home on a couch downstairs. N.T., March 8, 1993, at p. 111. His wife had sent their 5 year old daughter, Priscilla, upstairs to draw Priscilla’s bath water. Id. The Appellant woke up and…

2Cases cited11 opinions

  1. United States v. John Louis Iron Shell, Jr.Court of Appeals for the Eighth Circuit · 1980
  2. United States v. Harvey M. RenvilleCourt of Appeals for the Eighth Circuit · 1985
  3. Coker v. SM Flickinger Co., Inc.Supreme Court of Pennsylvania · 1993
  4. Goldade v. StateWyoming Supreme Court · 1983
  5. Commonwealth v. CohenSupreme Court of Pennsylvania · 1992

6 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Commonwealth v. AlbrechtSupreme Court of Pennsylvania · 1998
  2. Estate of Swift Ex Rel. Swift v. Northeastern Hospital of PhiladelphiaSuperior Court of Pennsylvania · 1997
  3. Commonwealth v. ManivannanSuperior Court of Pennsylvania · 2018
  4. In re Activision Blizzard, Inc.Superior Court of Pennsylvania · 2014
  5. Commonwealth v. HoodSuperior Court of Pennsylvania · 2005

57 more not listed; retrieve them via the Exa API.

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