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COM. v. DiFRANCESCO et al.

458 Pa. 188 (1974)

Commonwealth v. DiFrancesco et al., Appellants.

Supreme Court of Pennsylvania.

October 16, 1974.

Attorney(s) appearing for the Case

Myron L. Markovitz, with him William W. Stainton, Andrew J. Gleason, Gleason, DiFrancesco, Shahade & Markovitz and Arnold, Bricker, Beyer & Barnes, for Samuel R. DiFrancesco, Jr., appellant.

William W. Stainton, with him John W. Beyer, and Arnold, Bricker, Beyer & Barnes, for John H. Buckwalter, Anthony L. Steckel, Jr., and Fred A. Douts, appellants.

J. Andrew Smyser, Deputy Attorney General, with him Israel Packel, Attorney General, Ronald L. Buckwalter, Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and NIX, JJ.

OPINION BY MR. JUSTICE POMEROY, October 16, 1974:

These four consolidated appeals challenge the constitutionality of section 624.1(c) of The Vehicle Code, which provides that if the amount of alcohol by weight in the blood of a person accused of driving under the influence of intoxicating liquor is shown by chemical analysis to be ten one-hundredths percent (.10%) or more, "it shall be presumed that the defendant was under...

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