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COM. v. HANCHARIK

388 Pa.Super. 337 (1989)

565 A.2d 782

COMMONWEALTH of Pennsylvania v. Andrew W. HANCHARIK, Appellant.

Supreme Court of Pennsylvania.

Filed October 27, 1989.

Attorney(s) appearing for the Case

Phillip B. Friedman, Bradford, for appellant.

Robert L. Saunders, Bradford, for appellee.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, ROWLEY, MONTEMURO, BECK, TAMILIA, POPOVICH and JOHNSON, JJ.

JOHNSON, Judge.

On this appeal, we are asked to determine whether spousal incompetency to testify to confidential communications under 42 Pa.C.S. § 5914 is removed by virtue of the exceptions to such incompetency set forth in 42 Pa.C.S. § 5913. We hold that it is. Since this case involved violence done upon a minor child in the care or temporary custody of the defendant/husband, an enumerated exception...

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