McQuinn v. Commonwealth

I concur in the part of the opinion styled “Preservation of the Issue on Appeal." However, for the reasons that follow, I would reverse the conviction.

The evidence proved that one of McQuinn’s companions fired a gun at the victim, that McQuinn then fired the same gun at the victim, and that another of McQuinn’s companions then used the *426same gun to shoot and kill the victim. The victim’s father, who was not present at the incident, gave hearsay testimony over objection that he learned from a witness to the killing that “three guys either walked up to my son and demanded money or something.”…