COM. v. SMITH


410 Pa.Super. 384 (1991)

599 A.2d 1350

COMMONWEALTH of Pennsylvania, Appellant, v. James Melvin SMITH.

Superior Court of Pennsylvania.

Filed December 5, 1991.


Attorney(s) appearing for the Case

Paula Aigner, Asst. Dist. Atty., Hollidaysburg, for Com., appellant.

Terry W. Despoy, Altoona, for appellee.

Before TAMILIA, KELLY and MONTGOMERY, JJ.


TAMILIA, Judge:

The Commonwealth appeals from the February 28, 1991 Order of the trial court excluding from trial scientific evidence pertaining to the results of DNA testing.

On April 19, 1990, appellee was charged with rape, statutory rape and corruption of minors. The crimes were allegedly perpetrated against the eight year old step-daughter of the appellee. At a preliminary hearing on June 29, 1990, the district attorney's office learned that seminal fluid...

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