Commonwealth v. Crosland

McEWEN, Judge:

We here consider an appeal from the judgment of sentence to a term of life imprisonment, 1 imposed after a jury found appellant guilty of murder in the second degree, robbery, and possession of an instrument of crime. Since we find that the Commonwealth’s use of the prior inculpatory testimony of a witness who was unavailable at trial due to the exercise of his Fifth Amendment privilege, under the circumstances of this case, violated the appellant’s rights under Article 1, Section 9 of the Pennsylvania Constitution, as well as those guaranteed by the Sixth Amendment of the U.S.…