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COM. v. BREIGHNER

453 Pa.Super. 477 (1996)

684 A.2d 143

COMMONWEALTH of Pennsylvania v. Ruth Lynn BREIGHNER, Appellant.

Superior Court of Pennsylvania.

Filed October 7, 1996.

Attorney(s) appearing for the Case

Jean Arena, Assistant Public Defender, Gettysburg, for appellant.

Michael George, District Attorney, Gettysburg, for Commonwealth, appellee.

Before McEWEN, President Judge, and DEL SOLE, BECK, TAMILIA, KELLY, POPOVICH, JOHNSON, HUDOCK and SCHILLER, JJ.

BECK, Judge.

We decide, inter alia, whether a district attorney who cannot prosecute a matter due to a conflict can authorize a prosecutor from another county to act or whether the conflicted district attorney must refer the matter to the Attorney General. We hold that the conflicted district attorney must refer the matter to the Attorney General.

In March of 1992 appellant Ruth Lynn Breighner was driving a car that collided with another vehicle. The...

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