Commonwealth v. Keck

Citations

• 148 Pa. 639
• 24 A. 161
• 1892 Pa. LEXIS 1043

Syllabus

<p>Criminal law — Murder—Evidence—Testimony of deceased witness at preliminary examination.</p> <p>In a murder trial, evidence is admissible of the testimony of a deceased witness taken before the committing magistrate at a preliminary hearing in the presence of the accused and his counsel, the witness having been cross-examined by the counsel for the accused, although the defendant had waived a hearing: Commonwealth v. Cleary, 148 Pa. 26, approved.</p> <p>Preliminary hearing — Waiver of by defendant — Bight of commonwealth.</p> <p>The defendant in a criminal prosecution may waive a hearing before the magistrate so far as his interests are concerned; but he cannot by so doing interfere with the right of the commonwealth to institute such preliminary examination before a committing magistrate.</p>