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COM. v. KIRKNER

805 A.2d 514 (2002)

COMMONWEALTH of Pennsylvania, Appellant v. Joseph P. KIRKNER, IV, Appellee, Kellie Kirkner, Intervenor.

Supreme Court of Pennsylvania.

Decided August 27, 2002.

Attorney(s) appearing for the Case

Nicholas J. Casenta, Anthony Sarcione, West Chester, for the Com., appellant

James T. Marsh, Kenneth Square, for Joseph P. Kirkner, IV, appellee.

Bernard John Bialecki, Marc Stephen Bragg, Kenneth Square, for Kellie Kirkner, intervenor.

Before: ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Justice EAKIN.

On July 4, 1999, police responded to a domestic disturbance at the home of Joseph and Kellie Kirkner. Mrs. Kirkner told police her husband choked her, struck her in the face, and shoved her to the ground. She accompanied police to their barracks where she permitted them to photograph her bruises and abrasions. She wrote a two-page statement about the incident.

Appellee was charged...

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