COM. v. TYLWALK


258 Pa.Super. 506 (1978)

393 A.2d 473

COMMONWEALTH of Pennsylvania, Appellant, v. Charles Timothy TYLWALK.

Superior Court of Pennsylvania.

Decided October 20, 1978.


Attorney(s) appearing for the Case

Barbara H. Schickling, Assistant District Attorney, with her Thomas F. Morgan, District Attorney, Clearfield, for Commonwealth, appellant.

James A. Naddeo, and Belin, Belin & Naddeo, Clearfield, submitted a brief for appellee.

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


PRICE, Judge:

This is an appeal by the Commonwealth from the lower court's order suppressing chemical tests because they were deemed to have been performed too long after a fatal accident in which appellee was allegedly involved. We reverse the order of the lower court and remand the case for trial.

It is the Commonwealth's position that without the suppressed evidence the prosecution will be substantially handicapped and that "the suppressed evidence may...

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