COMMONWEALTH v. MATHIOUS


237 Pa.Super. 522 (1975)

Commonwealth, Appellant, v. Mathious.

Superior Court of Pennsylvania.

December 1, 1975.


Attorney(s) appearing for the Case

Richard J. Shiroff, Assistant District Attorney, with him Charles H. Spaziani, District Attorney, for Commonwealth, appellant.

Jackson M. Sigmon, with him Sigmon, Littner & Ross, for appellee.

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


OPINION BY VAN DER VOORT, J., December 1, 1975:

Appeal is taken to this Court from an Order sustaining appellee's demurrer following presentation of the Commonwealth's case. The indictment against appellee, trial on which was before a jury, charged a violation of "The Vehicle Code", viz: that it is "unlawful for any person to operate a motor vehicle . . . while under the influence of intoxicating liquor. . . ...

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