COMMONWEALTH v. THROCKMORTON


241 Pa.Super. 62 (1976)

359 A.2d 444

COMMONWEALTH of Pennsylvania v. James Archie THROCKMORTON, Appellant.

Superior Court of Pennsylvania.

Decided June 28, 1976.


Attorney(s) appearing for the Case

James B. Yelovich, Kimmel, Rascona, Yelovich & Bowman, Somerset, for appellant.

Frederick F. Coffroth, Dist. Atty., Thomas G. Saylor, Jr., 1st Asst. Dist. Atty., Somerset, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


HOFFMAN, Judge:

Appellant contends that the results of a breathalyzer test should have been suppressed because the test was conducted pursuant to an illegal arrest.

On May 12, 1972, appellant, a resident of Virginia, approached the toll booth at exit 10 of the Pennsylvania Turnpike in Somerset Borough, Somerset County, Pennsylvania. Because appellant was unable to find his turnpike toll ticket, he was directed by the toll collector to pull his vehicle into...

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