Commonwealth v. Beale

HOFFMAN, Judge.

This is an appeal from an order entered July 18, 1994, denying in part and holding in abeyance in part, the Commonwealth’s motion to admit evidence regarding a composite sketch. Appellant, the Commonwealth, presents the following issues for our review:

1.Where the defense argues that a rape victim is mistakenly remembering the defendant’s features from a photo array, and that the police created the array to “frame” the defendant; is the introduction of a composite created by the victim before she saw the photo array, offered to prove that she is independently recalling the…