COM. v. OWEN


397 Pa.Super. 507 (1990)

580 A.2d 412

COMMONWEALTH of Pennsylvania, Appellant, v. Darryl G. OWEN.

Supreme Court of Pennsylvania.

Decided September 24, 1990.


Attorney(s) appearing for the Case

W. Jeffrey Yates, Asst. Dist. Atty., Bellefonte, for Com., appellant.

Roy K. Lisko, State College, for appellee.

Before TAMILIA, HOFFMAN and CERCONE, JJ.


HOFFMAN, Judge:

This appeal by the Commonwealth is from the order below granting appellee Darryl G. Owen's petition for a writ of habeas corpus and dismissing the driving under the influence charges filed against him. The Commonwealth contends that the court below erred in determining that the Commonwealth failed to establish a prima facie case against appellee in that it did not demonstrate that the alleged offense occurred on a "highway" or "trafficway" as...

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