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Commonwealth v. DiGiacomo
Pennsylvania Supreme Court
345 A.2d 605 (1975)
Marlo DiGiacomo (defendant) was charged with murder. DiGiacomo claimed that the killing was justified because the deceased was in the process of beating DiGiacomo’s friend John Hruska at the time. At trial, DiGiacomo sought to introduce Hruska’s hospital records to prove his diagnosis and the extent of his injuries. The trial court excluded the records for this purpose because the doctor who made the diagnosis was unavailable to testify. The trial court did permit the records to be introduced to prove that Hruska was hospitalized and to prove the duration of his stay. DiGiacomo was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Nix, J.)
Concurrence (Pomeroy, J.)
Concurrence (Roberts, J.)
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