COM. v. PELKEY


349 Pa.Super. 373 (1985)

503 A.2d 414

COMMONWEALTH of Pennsylvania, Appellant, v. Kenneth PELKEY, Appellee.

Supreme Court of Pennsylvania.

Filed November 29, 1985.

Reargument Denied February 6, 1986.


Attorney(s) appearing for the Case

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellant.

James A. Wymard, Pittsburgh, for appellee.

Before OLSZEWSKI, POPOVICH and MONTGOMERY, JJ.


OLSZEWSKI, Judge:

This matter comes before us on appeal from an order suppressing the results of a blood alcohol test performed on appellee. For the reasons outlined below, we reverse the suppression court's decision.

Appellee, Kenneth Pelkey, was involved in a serious motor vehicle accident on the evening of March 13, 1983, which resulted in the death of two individuals. A police officer at the scene, who helped the medics free appellee from the wreckage...

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