COM. v. MONAGHAN


295 Pa.Super. 450 (1982)

441 A.2d 1318

COMMONWEALTH of Pennsylvania, Appellant, v. Francis X. MONAGHAN, Appellee.

Superior Court of Pennsylvania.

Filed February 19, 1982.


Attorney(s) appearing for the Case

David M. McGlaughlin, Assistant District Attorney, Norristown, for Commonwealth, appellant.

Maurind J. Rossanese, Norristown, for appellee.

Before SPAETH, HESTER and CAVANAUGH, JJ.


PER CURIAM:

In this case, Francis X. Monaghan, the operator of a tow-truck was charged with operating a motor vehicle while under the influence of alcohol in violation of the Vehicle Code, Act of June 17, 1976, P.L. 162, No. 81, 75 Pa.C.S.A. § 3731. The court below following a hearing before Cirillo, J. granted appellant's motion to suppress evidence and the Commonwealth has appealed from the suppression order.

On February 17, 1979, at about 1:15 a.m...

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