Commonwealth v. Karch

*233SPAETH, President Judge,

dissenting:*

The principal issue on this appeal is whether the admission of a hospital record containing the results of a chemical analysis of appellant’s blood for its alcohol content violated appellant’s right to confrontation. In combination, Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980), and Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970), hold that where a hearsay statement is important evidence and cross-examination of the declarant is not “wholly unreal,” the Confrontation Clause requires the prosecution to prove the…