Commonwealth v. Smith

POPOVICH, Judge:

This is an appeal by the Commonwealth from the order entered in the Court of Common Pleas of McKean County granting appellee’s motion in limine with regard to the exclusion of testimony about appellee’s sexual offenses against his oldest daughter, Mona Smith Novak. We hold that the court below abused its discretion in excluding the aforesaid testimony, and we, thus, reverse that ruling.

Upon review of the record, we find that the Commonwealth has certified that the order in question substantially handicaps its prosecution. Hence, we have jurisdiction to entertain this appeal.…