COM. v. DEMIS


403 Pa.Super. 59 (1991)

588 A.2d 30

COMMONWEALTH of Pennsylvania, Appellant, v. Donna L. DEMIS.

Superior Court of Pennsylvania.

Filed March 6, 1991.

Reargument Denied April 11, 1991.


Attorney(s) appearing for the Case

John F. DiSalle, Asst. Dist. Atty., Washington, for Com.

Mark S. Galper, Monessen, for appellee.

Before TAMILIA, POPOVICH and JOHNSON, JJ.


JOHNSON, Judge:

The Commonwealth appeals from an order which suppresses the results of a blood alcohol test in a prosecution for driving while under the influence of alcohol, 75 Pa.C.S. § 3731(a)(4). We are asked to decide whether the destruction of a blood sample offends due process where (1) access to the sample can only be obtained through the cooperation of the prosecuting officer and (2) both the Commonwealth and the prosecuting officer are aware of a timely...

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