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COM. v. SMITH

410 Pa.Super. 363 (1991)

599 A.2d 1340

COMMONWEALTH of Pennsylvania, Appellant, v. James C. SMITH.

Superior Court of Pennsylvania.

Filed November 27, 1991.

Attorney(s) appearing for the Case

Frances Gerson, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Bruce A. Franzel, Philadelphia, for appellee.

Before DEL SOLE, TAMILIA and HOFFMAN, JJ.

TAMILIA, Judge:

The Commonwealth takes this appeal from the Order of October 25, 1990 granting defendant James C. Smith's motion for a new trial after the trial court overturned a pretrial Order excluding evidence under the rape shield statute.1

Defendant was charged with rape2 and related offenses3 for engaging in sexual contact and intercourse with the 13 year old victim...

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