Commonwealth v. Kelley

OPINION

Justice NEWMAN.

Bernard Dale Kelley (Kelley) appeals from the Order of the Superior Court, which reversed the decision of the Court of Common Pleas of Susquehanna County (trial court) and remanded the case for trial. We granted review limited to the conclusion of the Superior Court that evidence of digital penetration can sustain a charge of sexual assault, 18 Pa.C.S. § 3124.1. 1 More- succinctly, we examine if the Superior Court erred in finding that evidence of digital penetration can sustain a charge of sexual assault, where said charge requires proof of sexual intercourse or deviate…