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COMMONWEALTH v. ROBB

238 Pa.Super. 62 (1975)

Commonwealth, Appellant, v. Robb.

Superior Court of Pennsylvania.

December 22, 1975.

Attorney(s) appearing for the Case

Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, submitted a brief for Commonwealth, appellant.

Albert C. Oehrle, with him Wilson, Oehrle & Drayer, for appellee.

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

OPINION BY PRICE, J., December 22, 1975:

Appellee James H. Robb was indicted by the Montgomery County Grand Jury for operating a motor vehicle while under the influence of intoxicating liquor. He filed a motion to suppress evidence with the Montgomery County Court of Common Pleas, and, on November 19, 1974, the lower court granted the motion. The Commonwealth, as is its right, Commonwealth v. Deren, 233 Pa.Super. 373

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