COM. v. HESS


349 Pa.Super. 440 (1986)

503 A.2d 448

COMMONWEALTH of Pennsylvania v. Herbert HESS, Appellant.

Supreme Court of Pennsylvania.

Filed January 10, 1986.


Attorney(s) appearing for the Case

Robert B. Stewart, III, Huntingdon, for appellant.

Stewart L. Kurtz, District Attorney, Huntingdon, for Com., appellee.

Before SPAETH, President Judge, and BECK and MONTGOMERY, JJ.


BECK, Judge:

This is an appeal from a judgment of sentence for driving under the influence of alcohol, 75 Pa.C.S. § 3731(a)(1). We affirm.

Two policemen observed appellant swerve his pickup truck into an oncoming lane of traffic. Appellant returned to the proper lane, but again swerved into the opposite lane, nearly striking an approaching vehicle. The policemen radioed the nearby State Police barracks and Trooper Kuny responded. The trooper drove his...

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