concurring and dissenting.
The majority finds no merit in appellant’s claim that the trial court erred when it admitted into evidence the preliminary hearing testimony of a prosecution witness who at trial invoked his privilege against self-incrimination. Ante at 532 n.2. In my view, the fact that the witness was cross-examined at the preliminary hearing does not, standing alone, justify admitting the testimony into evidence. See, Commonwealth v. Rodgers, 472 Pa. 435, 463-65, 372 A.2d 771, 784 (1977) (Manderino, J., dissenting); Commonwealth v. Velasquez, 449 Pa. 599, 605-08, 296 A.2d 768, 771-73 (1972) (Manderino, J., dissenting). For the reasons stated in my dissenting opinions in Rodgers and Velasquez, I would exclude, on the present record, this witness’ testimony given at the preliminary hearing.
I agree that the judgment of sentence on the firearms conviction should be reversed and the appellant discharged as to that charge.