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ELLIS v. COMMONWEALTH

No. 1722 C.D. 1978.

46 Pa.Commw. 383 (1979)

William D. Ellis, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

October 9, 1979.

Attorney(s) appearing for the Case

Michael C. Usher, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellee.

Argued June 8, 1979, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, October 9, 1979:

On April 2, 1977, William D. Ellis (Ellis) was arrested by an officer of the Allentown Police Department and charged with a violation of Section 1037 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, formerly 75 P.S. § 1037, repealed by the Act of June 17, 1976, P.L. 162 (unlawful to drive a motor vehicle while under the influence of intoxicating liquor). Following a jury trial on July 12 and 13...

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