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Blackpill "We are faced with a situation in which the alleged victim of the crime, called as a witness by the Commonwealth, denied its occurrence."

Intellectual Giant

Intellectual Giant

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The Commonwealth's own evidence, including the testimony of the expert regarding the lack of statistical information concerning the effect which incestuous relationships have on increasing the probability of the HLA results indicating paternity, and the denial by the alleged victim that intercourse occurred between her and appellant, creates a reasonable doubt that appellant is guilty of the crime charged. The circumstantial evidence presented by the Commonwealth, while showing a high probability of paternity, cannot without more overcome the direct evidence of the Commonwealth presented through an unimpeached, credible witness-victim that the accused did not commit the crime. Because we find that the Commonwealth's direct evidence established reasonable doubt of sexual intercourse, the circumstantial evidence showing a probability of paternity was insufficient as a matter of law to find appellant guilty of incest.

Reversed.

Full court opinion:
 
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