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COMMONWEALTH v. SHEARER

882 A.2d 462 (2005)

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

Supreme Court of Pennsylvania.

Decided September 15, 2005.

Attorney(s) appearing for the Case

Hugh J. Burns, Philadelphia, William Thomas Fullerton, Butler, for the Com. of PA., appellant.

Armand R. Cingolani, Butler, for James Alvin Shearer, Sr., appellee.

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

OPINION

Justice NIGRO.

In this criminal case involving the alleged sexual assault of a minor, the Commonwealth of Pennsylvania appeals from the order of the Superior Court, which quashed the Commonwealth's appeal from a pretrial order granting Appellee James Alvin Shearer, Sr.'s request to compel the minor complainant to submit to a psychological exam for the purpose of aiding the trial court in determining whether the complainant was competent to...

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