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COM. v. VARNER

265 Pa.Super. 329 (1979)

401 A.2d 1235

COMMONWEALTH of Pennsylvania v. Rodney W. VARNER, Appellant.

Superior Court of Pennsylvania.

Decided April 17, 1979.

Attorney(s) appearing for the Case

John McCrea, III, Newville, for appellant.

John F. Nelson, III, Assistant District Attorney, Chambersburg, for Commonwealth, appellee.

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

PRICE, Judge:

Appellant was convicted on November 17, 1976, of driving while under the influence,1 sentenced to a prison term of fifteen (15) days to three (3) months, and fined $250.00. His only contention on appeal is that the prosecution failed to establish that the offense occurred in Franklin County, a necessary element in conferring jurisdiction on the court below. The lower court ruled that appellant's demurrer did not preserve...

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