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COMMONWEALTH v. FALGIANI

238 Pa.Super. 451 (1976)

Commonwealth, Appellant, v. Falgiani.

Superior Court of Pennsylvania.

February 2, 1976.

Attorney(s) appearing for the Case

Charles W. Johns and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

Stephen P. Swem, Trial Defender, John J. Dean, Chief, Appellate Division, and Ralph J. Cappy, Public Defender, for appellee.

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

OPINION PER CURIAM, February 2, 1976:

Appellant was charged with two misdemeanors: operating a motor vehicle while license is under suspension and resisting arrest. At the preliminary hearing, the magistrate dismissed the resisting arrest charge, and appellant was bound over on the other charge. Thereafter, the appellant filed a pretrial motion to quash the indictment. Because the lower court found that Commonwealth...

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