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COMMONWEALTH v. KELLY

235 Pa.Super. 299 (1975)

Commonwealth v. Kelly, Appellant.

Superior Court of Pennsylvania.

June 24, 1975.

Attorney(s) appearing for the Case

John S. Thome, Jr., Assistant Public Defender, for appellant.

Marc I. Rickles, Assistant District Attorney, 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 VAN DER VOORT, J., June 24, 1975:

Appeal is taken from judgment of sentence rendered following conviction at trial without jury on an indictment charging operation of a motor vehicle while under the influence of intoxicating liquor.1 Pursuant to said statute, appellant was sentenced to pay court costs and a fine of $250.00. This appeal follows denial of post-trial motions.

Factually, it appears on the record that a member...

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