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COM. v. MEYER

488 Pa. 297 (1980)

412 A.2d 517

COMMONWEALTH of Pennsylvania, Appellant, v. Carl MEYER.

Supreme Court of Pennsylvania.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Edgar B. Bayley, Dist. Atty., Carlisle, J. Michael Eakin, Mechanicsburg, for appellant.

John B. Mancke, Harrisburg, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

On December 30, 1974, police arrested and charged appellee with driving under the influence of alcohol, a misdemeanor under the old Vehicle Code.1 The case has gone to trial on two occasions. After each trial the court of common pleas on post-verdict motions awarded appellee a new trial. Before appellee's third trial, the court on pre-trial motions...

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