COM. v. KELLEY


801 A.2d 551 (2002)

COMMONWEALTH of Pennsylvania, Appellee v. Bernard Dale KELLEY, Appellant.

Supreme Court of Pennsylvania.

Decided July 19, 2002.


Attorney(s) appearing for the Case

Paul Philip Ackourey, Scranton, for appellant, Bernard Dale Kelley.

Jason J. Legg, Scranton, Charles J. Aliano, Montrose, for appellee, Com. of PA.

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


OPINION

Justice NEWMAN.

Bernard Dale Kelley (Kelley) appeals from the Order of the Superior Court, which reversed the decision of the Court of Common Pleas of Susquehanna County (trial court) and remanded the case for trial. We granted review limited to the conclusion of the Superior Court that evidence of digital penetration can sustain a charge of sexual assault, 18 Pa.C.S. § 3124.1.

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