McDonnough v. Commonwealth

COLEMAN, Judge.

The defendant, Audley McDonnough, was convicted in a jury trial of possessing cocaine and distributing cocaine. On appeal, he contends the trial court erred by admitting into evidence the hearsay statement of the person to whom he sold the drugs. The court admitted the statement under the “declaration against interest” exception to the hearsay rule. The defendant asserts the Commonwealth failed to prove that the declarant was unavailable to testify at trial or that the declarant’s statement was against his penal interest. The defendant also asserts that admission of the…