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COMMONWEALTH v. CLAIBORNE

175 Pa.Super. 42 (1953)

Commonwealth v. Claiborne, Appellant.

Superior Court of Pennsylvania.

December 29, 1953.

Attorney(s) appearing for the Case

Ivan Michaelson Czap, with him Leslie P. Hill and Robert N.C. Nix, for appellant.

A. Leon Higginbotham, Jr., Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney, Samuel Dash, Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.

OPINION BY RENO, J., December 29, 1953:

Appellant was convicted of drunken driving. His defense was that he was neither drunk nor driving. On his appeal he contends (a) that the court below abused its discretion in refusing his motion for a continuance; (b) that his trial was unfair and the conduct of the trial judge prejudicial; and (c) that the evidence does not support the verdict.

Due to an unfortunate...

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