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COMMONWEALTH v. ROBINSON

Appeal, No. 525 C.D. 1972.

7 Pa.Commw. 521 (1973)

Commonwealth v. Robinson.

Commonwealth Court of Pennsylvania.

February 26, 1973.

Attorney(s) appearing for the Case

Carmen P. Belefonte, with him Garland D. Cherry and Kassab, Cherry & Archbold, for appellant.

Stuart A. Liner, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued January 11, 1973, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, February 26, 1973:

On June 29, 1971, Francis J. Robinson (appellant) was apprehended by an officer of the Radnor Township Police Department for operating a motor vehicle while under the influence of intoxicating liquor, a violation of Section 1037 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1037, and, after being so charged, refused to submit to a breathalyzer test as provided in the so-called "Implied Consent...

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