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COMMONWEALTH v. BROWN

229 Pa.Super. 156 (1974)

Commonwealth v. Brown, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

Clyde W. Waite, with him Leonard B. Sokolove, and Sokolove & Stief, for appellant.

Martin J. King, Assistant District Attorney, with him Stephen B. Harris, First Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

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

OPINION BY CERCONE, J., June 21, 1974:

Defendant was tried and convicted by a jury on a charge of operating a motor vehicle while under the influence of intoxicating liquor. Both the arresting officer and the officer who administered the breathalyzer test testified for the Commonwealth. However, because the officer who administered the test had no independent recollection of so doing, the breathalyzer report itself was introduced into evidence on the basis of the...

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