COMMONWEALTH v. LAVERY

No. 162 of 1985.

35 Pa. D. & C. 3d 333 (1985)

Commonwealth v. Lavery

Common Pleas Court of Fayette County, Pennsylvania.

April 4, 1985.


Attorney(s) appearing for the Case

Ewing D. Newcomer, for Commonwealth.

Samuel J. Davis, for defendant.


CAPUZZI, J., April 4, 1985.

This matter is before the court pursuant to defendant's petition for writ of habeas corpus wherein he claims that the evidence presented at the preliminary hearing was insufficient to establish a prima facie case on the within charge of driving under the influence. For the reasons which follow, said petition must be granted.

On April 4, 1985, a hearing was held on the within petition, at which time Uniontown Police Officer...

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