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COMMONWEALTH v. McCARTHY

234 Pa.Super. 363 (1975)

Commonwealth, Appellant, v. McCarthy.

Superior Court of Pennsylvania.

April 22, 1975.

Attorney(s) appearing for the Case

Ralph B. D'Iorio, Assistant District Attorney, with him Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellant.

George S. Saulnier, for appellee.

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

OPINION PER CURIAM, April 22, 1975:

The six Judges who heard this appeal being equally divided, the order of the court below is affirmed.

OPINION BY CERCONE, J., IN SUPPORT OF AFFIRMANCE:

The appellee, John McCarthy, was arrested and indicted for operating a motor vehicle while under the influence of intoxicating liquor.1 Following the return of a true bill by the grand...

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