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COM. v. JARMAN

529 Pa. 92 (1992)

601 A.2d 1229

COMMONWEALTH of Pennsylvania, Appellee, v. Luther L. JARMAN, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Richard K. Renn, for appellant.

John B. Mancke, Mancke and Wagner, Harrisburg, for amicus curiae Pennsylvania Ass'n of Criminal Defense Lawyers.

H. Stanley Rebert, Dist. Atty., Gerald A. Lord, Asst. Dist. Atty., Glenn S. Coffey, York, for appellee.

Stuart Suss, Deputy Dist. Atty., for amicus curiae Pennsylvania District Attorneys Ass'n.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

In 1988, in a trial by jury in the Court of Common Pleas of York County, the appellant, Luther L. Jarman, Jr., was convicted of operating a motor vehicle while under the influence of alcohol. An appeal was taken to the Superior Court, whereupon the judgment of sentence was affirmed. 398 Pa.Super. 645, 573 A.2d 620. We granted allowance of appeal. 525 Pa. 611, 577 A.2d 543.

At 9:11 p.m. on October 15, 1987,...

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