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COM. v. SHEARER

828 A.2d 383 (2003)

COMMONWEALTH of Pennsylvania, Appellant, v. James Alvin SHEARER, Sr., Appellee.

Superior Court of Pennsylvania.

Filed June 20, 2003.

Attorney(s) appearing for the Case

Hugh J. Burns, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Armand R. Cingolani, Butler, for appellee.

BEFORE: DEL SOLE, P.J., McEWEN, P.J.E., and HUDOCK, JOYCE, STEVENS, TODD, KLEIN, BENDER and GRACI, JJ.

OPINION BY HUDOCK, J.:

¶ 1 This is a certified interlocutory appeal taken by the Commonwealth from a pre-trial order compelling a child witness to submit to psychological testing prior to the trial court's determination of whether the child is competent to testify in court.1 We quash.

¶ 2 In November of 1999, James Alvin Shearer, Sr. (Appellee) was charged with sexually assaulting a four year old boy. On August 11, 2000...

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