Phillips v. Commonwealth

VANCE, Judge.

The question is whether an out-of-court statement made by a person who, at the trial, refused to answer any questions may be introduced as evidence to incriminate another person in a criminal case.

Appellant was indicted for arson and wanton endangerment. He was found *486guilty of first degree criminal trespass. At the trial James Nally was called as a witness for the Commonwealth. He gave his name, address and place of employment, but refused to answer any other question. He was declared an adverse witness and the prosecuting attorney proceeded as if he were on cross-examination. He…