Commonwealth v. Smith

KELLY, Judge:

The Commonwealth asks us to determine whether the trial court erred in its order entered May 19, 1993, denying the Commonwealth’s motion to use the transcript of the preliminary hearing for purposes of introducing the substantive testimony of its key witness, Blaine Cain. The specific circumstances of this case compel us to affirm.

The relevant facts and procedural history are as follows. On June 25, 1992, appellee was charged by criminal complaint with possession of a controlled substance with intent to deliver and delivery of a controlled substance. 1 A preliminary hearing…