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COM. v. SECOTT

311 Pa.Super. 456 (1983)

457 A.2d 976

COMMONWEALTH of Pennsylvania, Appellant, v. Timothy E. SECOTT.

Superior Court of Pennsylvania.

Filed March 18, 1983.

Attorney(s) appearing for the Case

William H. Platt, District Attorney, Allentown, for Commonwealth, appellant.

W. Hamlin Neely, Allentown, for appellee.

Before CAVANAUGH, McEWEN and BECK, JJ.

PER CURIAM:

We here consider an appeal brought by the Commonwealth from an Order of the Common Pleas Court of Lehigh County, sitting en banc, which granted a motion in arrest of judgment, following a finding of guilty of driving a vehicle while under the influence of alcohol.1 We reverse.

The arresting officer testified at trial that on November 24, 1979, at 6:30 in the morning...

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