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COM. v. FLANDERS

247 Pa.Super. 41 (1977)

371 A.2d 1316

COMMONWEALTH of Pennsylvania, Appellant, v. Andrew Joseph FLANDERS, Appellee.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

John J. Driscoll, Assistant District Attorney, and Albert M. Nichols, District Attorney, Greensburg, for appellant.

Bernard F. Scherer, Latrobe, for appellee.

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

JACOBS, Judge:

This is an appeal by the Commonwealth from the order of the lower court dismissing the charge of driving while under the influence of an intoxicating liquor. The issue presented for our determination is whether the Commonwealth is barred by the Fifth Amendment of the United States Constitution or Commonwealth v. Campana,1 from bringing the same charge against a...

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