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COMMONWEALTH v. HYND

230 Pa.Super. 114 (1974)

Commonwealth, Appellant, v. Hynd.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

G. Roger Markley, Assistant District Attorney, with him Stephen B. Harris, First Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellant.

Richard R. Fink, Assistant Public Defender, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY WATKINS, P.J., September 23, 1974:

This is an appeal from the order of the Court of Common Pleas of Bucks County, Criminal Division, by the Commonwealth after dismissal by the court below of an indictment charging the defendant-appellee, James Hynd, with operating a motor vehicle while under the influence of intoxicating beverages, Section 1037 of The Vehicle Code.

The defendant was arrested on January 1, 1973 and charged with operating while under...

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