COMMONWEALTH v. ERISMAN


247 Pa.Super. 476 (1977)

372 A.2d 925

COMMONWEALTH of Pennsylvania v. Michael Jay ERISMAN, Appellant.

Superior Court of Pennsylvania.

Decided April 19, 1977.


Attorney(s) appearing for the Case

Richard P. Nuffort, Lancaster, for appellant.

Henry S. Kenderdine, Jr., Assistant District Attorney and D. Richard Eckman, District Attorney, Lancaster, submitted a brief for appellee.

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


SPAETH, Judge:

Appellant was convicted of operating a motor vehicle while under the influence of intoxicating liquor in violation of the Vehicle Code, Act of April 29, 1959, P.L. 58, § 1037, 75 P.S. § 1037. The lower court denied appellant's motion in arrest of judgment. Appellant argues that the motion should have been granted because prosecution was barred under the rule of compulsory joinder announced in Commonwealth v. Campana,

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