Commonwealth v. Lenousky

Citations

• 206 Pa. 277
• 55 A. 977
• 1903 Pa. LEXIS 699

Syllabus

<p>Criminal law — Murder—Evidence—Testimony taken before a justice of the peace.</p> <p>On the trial of an indictment for murder against a man who did not understand the English language, the testimony of an absent witness given at a preliminary hearing before a justice of the peace, in the presence of the prisoner and in the language which he spoke and understood, is not admissible, where it appears that the prisoner was not represented by counsel at the preliminary hearing, and was not informed of liis right to cross-examine. The admission of such testimony, however, does not call for a reversal, where the only statement contained in the testimony which could affect the prisoner injuriously was abundantly established at the trial by other testimony, and was virtually admitted by the prisoner himself.</p>