COM. v. CULP


378 Pa.Super. 213 (1988)

548 A.2d 578

COMMONWEALTH of Pennsylvania, Appellant, v. David H.G. CULP.

Supreme Court of Pennsylvania.

Filed September 26, 1988.


Attorney(s) appearing for the Case

Robert F. Palermo, Dallastown, for Com., appellant.

John G. Bergdoll, III, York, for appellee.

Before OLSZEWSKI, WATKINS and CERCONE, JJ.


CERCONE, Judge:

This is a Commonwealth appeal from an order by which the lower court granted appellee's motion to suppress a hospital record containing the results of his blood alcohol test taken immediately following his arrest for driving under the influence of alcohol. Following a hearing on appellee's omnibus pre-trial motion, the lower court held that the Commonwealth had not met its burden of going forward with the evidence, or the burden of establishing that...

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