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COMMONWEALTH v. BROWN

225 Pa.Super. 289 (1973)

Commonwealth, Appellant, v. Brown.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

Martin J. King, Assistant District Attorney, with him Kenneth G. Biehn, District Attorney, for Commonwealth, appellant.

Richard P. McBride, with him William B. Moyer, and Power, Bowen & Valimont, for appellee.

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

OPINION BY WATKINS, J., March 27, 1973:

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Common Pleas of Bucks County suppressing the results of a blood test. The defendant, David R. Brown, was indicted for operating a motor vehicle under the influence of intoxicating liquor and for involuntary manslaughter resulting from an accident.

The question, on appeal, is whether the blood test was administered incident to a lawful...

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