COM. v. LEE


257 Pa.Super. 326 (1978)

390 A.2d 845

COMMONWEALTH of Pennsylvania, Appellant, v. Paul F. LEE.

Superior Court of Pennsylvania.

Decided July 12, 1978.


Attorney(s) appearing for the Case

Robert F. Banks, First Assistant District Attorney, Greenville, for Commonwealth, appellant.

Ambrose R. Campana, Williamsport, for appellee.

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


PER CURIAM:

This is an appeal by the Commonwealth from an order suppressing the results of blood tests performed on the appellee to determine if he was intoxicated, and unable to operate a motor vehicle.

The Commonwealth, on appeal, questions whether the police officer was precluded from having blood tests administered on appellee in that even though appellee's lip was badly lacerated, he still might have been able to take a breathalyzer test. The sole consideration...

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