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COM. v. TREAT

848 A.2d 147 (2004)

COMMONWEALTH of Pennsylvania, Appellant, v. Donald B. TREAT, Appellee.

Superior Court of Pennsylvania.

Filed March 2, 2004.

Reargument Denied May 7, 2004.

Attorney(s) appearing for the Case

Alisa R. Hobart, Asst. Dist. Atty., Reading, for Com., appellant.

Michael E. Moyer, Allentown, for appellee.

Before: KLEIN, BENDER and OLSZEWSKI, JJ.

KLEIN, J.

¶ 1 After being charged with harassment1 following a domestic dispute, Donald B. Treat filed a petition for a writ of habeas corpus. At the habeas corpus hearing, when the Commonwealth asked the alleged victim what she was doing at the time of the incident, the victim replied, "Well, I plead the 5th. I really don't want to testify." (N.T., 3/19/03 at 5.) Over the Commonwealth's objection, the trial court sustained...

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