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COMMONWEALTH v. CAPORICCIO

210 Pa.Super. 230 (1967)

Commonwealth, Appellant, v. Caporiccio.

Superior Court of Pennsylvania.

June 16, 1967.

Attorney(s) appearing for the Case

P.H. Wilson, Assistant District Attorney, with him Henry T. Crocker and Richard A. Devlin, Assistant District Attorneys, and Richard S. Lowe, District Attorney, for Commonwealth, appellant.

Judah I. Labovitz, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY WATKINS, J., June 16, 1967:

This is an appeal by the Commonwealth from the decision of the Court of Quarter Sessions of the Peace of Montgomery County sustaining a demurrer to the evidence upon appeal from a summary conviction under The Vehicle Code, 1959, April 29, P.L. 58, § 101 et seq. as amended, specifically § 903, 75 PS § 903.

At 9:50 on the evening of April 18, 1966, an officer of the Upper Merion Township Police Dept., in...

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