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COMMONWEALTH v. COONEY

No. 123 of 1985.

39 Pa. D. & C. 3d 302 (1986)

Commonwealth v. Cooney

Common Pleas Court of Blair County, Pennsylvania.

January 23, 1986.

Attorney(s) appearing for the Case

Ellen L. Cohen, assistant district attorney, for the Commonwealth.

Benjamin H. Claar, Jr., for complainant.

BRUMBAUGH, J., January 23, 1986.

This case is unusual in that we have been asked to overturn the decision of the Blair County District Attorney's Office not to prosecute one for an offensive act he has purportedly admitted committing, and as to which the assistant district attorney handling the matter has conceded at closing argument on December 13, 1985, following evidentiary hearing, there is "no question it [the act] occurred."1

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