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COM. v. McGINNIS

336 Pa.Super. 601 (1984)

486 A.2d 428

COMMONWEALTH of Pennsylvania v. Michael William McGINNIS, Appellant.

Supreme Court of Pennsylvania.

Filed December 14, 1984.

Reargument Denied January 24, 1985.

Attorney(s) appearing for the Case

John F. Goryl, Carlisle, for appellant.

Theodore B. Smith, Assistant District Attorney, Carlisle, for Commonwealth, appellee.

Before WICKERSHAM, WIEAND and HESTER, JJ.

WIEAND, Judge:

Michael W. McGinnis was tried by jury and was found guilty of driving a vehicle while under the influence of alcohol in violation of 75 Pa.C.S. § 3731(a)(1). On direct appeal, McGinnis contends (1) that the evidence was insufficient to support the verdict; (2) that the result of a breathalyzer test should have been suppressed because the police lacked probable cause to arrest; (3) that the result of the breathalyzer test was inadmissible because...

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