Longshore v. Commonwealth

Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that there is no error in the judgment of the Court of Appeals.

The circuit court permitted the Commonwealth to introduce the testimony of an absent witness into evidence by reading that witness’s prior testimony as contained in a transcript of the preliminary hearing on this felony charge. At that preliminary hearing, the defendant called the witness and questioned him about the robbery that occurred in the “bullpen” of a jail and the fact that the witness did not report what he observed to any jail…