COM. v. YAPSUGA


369 Pa.Super. 336 (1987)

535 A.2d 187

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph YAPSUGA, Appellee.

Supreme Court of Pennsylvania.

Filed December 30, 1987.


Attorney(s) appearing for the Case

Christopher T. Spadoni, Assistant District Attorney, Bethlehem, for Com.

Jack Panella, Easton, for appellee.

Before McEWEN, OLSZEWSKI and DEL SOLE, JJ.


DEL SOLE, Judge:

Appellee was convicted in a non-jury trial of Driving Under the Influence of Alcohol pursuant to 75 Pa.C.S.A. § 3731(a)(4). Following his conviction, Appellee filed postverdict motions for a new trial and in arrest of judgment. In granting Appellee's motion to arrest judgment, the trial court concluded the Commonwealth's evidence was insufficient to establish Appellee had a blood weight level in excess of 0.10% at the time he was operating his...

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