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COMMONWEALTH v. GILLILAND

No. 362 of 1970.

51 Pa. D. & C. 2d 35 (1970)

Commonwealth v. Gilliland

Common Pleas Court of Lawrence County, Pennsylvania.

September 15, 1970.

Attorney(s) appearing for the Case

James A. Caldwell, Assistant District Attorney, for Commonwealth.

Sherman K. Levine, for defendant.

LYON, J., September 15, 1970.

Before the court for determination is defendant's motion to suppress the results of a chemical test of his breath. State Police officers purportedly gave the test as authorized by the Act of December 22, 1969 (act no. 173), 75 PS § 624.1, to determine the alcohol content of his blood. The motion to suppress is bottomed wholly upon the proposition that defendant's arrest was illegal. Both the test and the test result are conceded...

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