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COMMONWEALTH v. TURNER

213 Pa.Super. 377 (1968)

Commonwealth v. Turner, Appellant.

Superior Court of Pennsylvania.

November 14, 1968.

Attorney(s) appearing for the Case

S.R. Zimmerman, III, with him Zimmerman, Zimmerman, Myers & Gibbel, for appellant.

James F. Heinly, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, November 14, 1968:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant was convicted of driving under the influence of intoxicating liquor on January 15, 1968. This appeal followed.

The sole question is whether the jury verdict is supported by the evidence. In my opinion it is not, since it rests on the speculative testimony of Police Officer...

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