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COM. v. BROWN

268 Pa.Super. 206 (1979)

407 A.2d 1318

COMMONWEALTH of Pennsylvania v. Otis Ray BROWN, Appellant.

Superior Court of Pennsylvania.

Decided July 26, 1979.

Attorney(s) appearing for the Case

H. Stanley Rebert, Public Defender, York, for appellant.

John C. Uhler, District Attorney, York, for Commonwealth, appellee.

Before VAN der VOORT, WATKINS and LIPEZ, JJ.

LIPEZ, Judge:

Appellant was found guilty, by a jury, of violating section 3731 of the Vehicle Code,1 which provides, in relevant part, that "[a] person shall not drive any vehicle while . . . under the influence of alcohol . . . ." He alleges, on this appeal, that the trial court erred in instructing the jury on the elements of the offense. We agree, and therefore vacate the judgment...

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