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COMMONWEALTH v. MITCHELL

No. 51 of 1975.

73 Pa. D. & C. 2d 472 (1975)

Commonwealth v. Mitchell

Common Pleas Court of Somerset County, Criminal Division, Pennsylvania.

May 16, 1975.

Attorney(s) appearing for the Case

C. Gregory Frantz, Jr., Assistant District Attorney, for Commonwealth.

Richard T. Williams, Sr., for defendant.

COFFROTH, P.J., May 16, 1975.

This is a motion to quash the indictment which charges defendant with operating a motor vehicle while under the influence of intoxicating liquor, on the grounds that:

1. The description of the offense in the complaint is not sufficiently specific to inform defendant what substance he is alleged to have been under the influence of while driving;

2. The breathalyzer...

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