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COMMONWEALTH v. BISHOP

182 Pa.Super. 151 (1956)

Commonwealth v. Bishop, Appellant.

Superior Court of Pennsylvania.

November 13, 1956.

Attorney(s) appearing for the Case

William W. Vogel, with him Cassin W. Craig, and Wisler, Pearlstine, Talone & Gerber, for appellant.

Randolph A. Warden, Assistant District Attorney, with him Bernard E. Di Joseph, District Attorney, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ. (HIRT, J., absent).

OPINION BY WRIGHT, J., November 13, 1956:

The question with which we are here concerned is whether a defendant, who has been indicted and acquitted on a charge of operating a motor vehicle while under the influence of intoxicating liquor, may be subsequently reindicted and convicted on a charge of operating the same motor vehicle at the same time and place while under the influence of a narcotic or habit producing drug. The factual situation is set forth in the following...

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