Commonwealth v. Velasquez

Opinion by

Me. Justice Bobeets,

Appellant Antonio Velasquez was tried by jury in Philadelphia in 1970 and found guilty of second degree murder. Post-trial motions were denied and a sentence of not less than ten nor more than twenty years imposed. Appellant in this direct appeal argues that the Commonwealth introduced notes of testimony of a witness from an earlier proceeding1 in contravention of the Act of May 23, 1887, P. L. 158, §3, 19 P.S. §582.2 We affirm.

The Act of 1887 permits the admission of notes of testimony of a prior proceeding of a witness now deceased if the defendant was present…