COM. v. FRY


340 Pa.Super. 445 (1985)

490 A.2d 862

COMMONWEALTH of Pennsylvania v. Phyllis E. FRY, Appellant.

Supreme Court of Pennsylvania.

Filed March 22, 1985.


Attorney(s) appearing for the Case

Samuel K. Gates, York, for appellant.

Lillian M. Morgan, Assistant District Attorney, York, for Commonwealth, appellee.

Before WICKERSHAM, WIEAND and DEL SOLE, JJ.


WICKERSHAM, Judge:

Phyllis Elaine Fry, appellant herein, was tried before the Honorable James E. Buckingham and a jury on November 25, 1983 and was convicted of driving while the amount of alcohol in the blood was 0.10 or greater. The same jury found her not guilty of driving under the influence of alcohol.

Appellant Fry's arrest had occurred on July 2, 1983 and the applicable statutory authority provided:

§ 3731. Driving under influence...

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