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COMMONWEALTH PENNSYLVANIA v. JOSEPH HENNESSEY (07/11/79)

decided: July 11, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH HENNESSEY, APPELLANT



No. 232 January Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Bucks County at No. 1340/1975. Mr. Justice LARSEN filed an Opinion in Support of Affirmance in which Mr. Justice ROBERTS and Mr. NIX join. Mr. Chief Justice EAGEN filed a Dissenting Statement in which Mr. Justice O'BRIEN joins. Mr. Justice MANDERINO filed a Dissenting Statement.

COUNSEL

Bruce K. Doman, Doylestown, for appellant.

Peter F. Schenck, Asst. Dist. Atty., Stephen B. Harris, 1st Asst. Dist. Atty., Doylestown, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Larsen, J., filed an opinion in Support of Affirmance in which Roberts and Nix, JJ., join. Eagen, C. J., filed a dissenting statement in which O'Brien, J., joins. Manderino, J., filed a dissenting statement.

Author: Per Curiam

[ 485 Pa. Page 648]

OPINION

The Court being equally divided; the order is affirmed.

Opinion IN SUPPORT OF AFFIRMANCE

LARSEN, Justice.

On September 30, 1975, appellant was convicted of murder of the first degree; the prosecution arising out of the shooting death of a Bucks County police officer. Post-verdict motions were denied and appellant was sentenced to

[ 485 Pa. Page 649]

    life imprisonment. Appellant now brings this direct appeal from the judgment of sentence contending that:*fn1

1. The trial court erred in admitting a transcript of police radio transmissions into evidence because it is hearsay and violates appellant's right ...


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