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COMMONWEALTH v. TROUTMAN

223 Pa.Super. 509 (1973)

Commonwealth, Appellant, v. Troutman.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellant.

Max U. Applebaum, for appellee.

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

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

The Commonwealth appeals contending that the lower court erred in dismissing and quashing the information lodged against the appellee. The lower court's decision to dismiss the information was based upon the fact that the appellee had been illegally arrested prior to the filing of the information.

On April 25, 1971, two Penn Hills Township police officers observed the appellee's motor vehicle weaving

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