Fisher v. Commonwealth

This is a criminal appeal which deals with the constitutional right of confrontation.. U. S. Const, amends. VI, XIV, § 1; Va. Const, art. I, § 8. We consider whether testimony given by a witness during a preliminary hearing on a murder charge may properly be received as substantive evidence for the prosecution in the subsequent trial for both the murder and a robbery arising out of the same occurrence when the witness is deceased at the time of trial. We think the evidence was admissible and affirm.

On September 9,1973, at about 11:00 p.m., Johnny Doho Lam, while accompanied by his wife, was…