COMMONWEALTH v. HARRIS


220 Pa.Super. 102 (1971)

Commonwealth, Appellant, v. Harris.

Superior Court of Pennsylvania.

November 11, 1971.


Attorney(s) appearing for the Case

Stephen B. Harris, Assistant District Attorney, with him Ward F. Clark, District Attorney, for Commonwealth, appellant.

Rodney D. Henry, Public Defender, for appellee.

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


OPINION BY MONTGOMERY, J., November 11, 1971:

Ostensibly this is an appeal from an order of the lower court sustaining a demurrer in a nonjury trial of this defendant on a charge of operating a motor vehicle under the influence of intoxicating liquor. As pointed out by the Commonwealth in its brief, the Commonwealth has the right to appeal from such an order. Commonwealth v. Mason, 211...

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