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COMMONWEALTH v. MEYER

247 Pa.Super. 326 (1977)

372 A.2d 850

COMMONWEALTH of Pennsylvania, Appellant, v. Carl MEYER, Appellee.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

John M. Eakin, Mechanicsburg, with him Edgar B. Bayley, District Attorney, Camp Hill, for appellant.

John B. Mancke, Harrisburg, for appellee.

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

SPAETH, Judge:

This is an appeal by the Commonwealth from an order granting appellee's motion for suppression of evidence in a prosecution for driving under the influence of alcohol.1 Although the issue was not raised by either party in the briefs or at oral argument, we note that the Supreme Court has exclusive jurisdiction of this case. Accordingly, we shall transfer it to that court.2

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