COM. v. STANLEY


427 Pa.Super. 422 (1993)

629 A.2d 940

COMMONWEALTH of Pennsylvania v. Judy D. STANLEY, Appellant.

Superior Court of Pennsylvania.

Filed June 17, 1993.

Reargument Denied August 30, 1993.


Attorney(s) appearing for the Case

Neil E. Rothschild, Oil City, for appellant.

Marie T. Veon, Dist. Atty., Franklin, for Com., appellee.

Before BECK, TAMILIA and HESTER, JJ.


BECK, Judge.

In this appeal from the judgment of sentence for conviction of driving under the influence of alcohol, we consider for the first time whether a jury's knowledge that an appellant was given a preliminary breath test constitutes error warranting the grant of a new trial. We hold that while such information is inadmissible and may provide cause for a new trial, the error here was harmless and the judgment of sentence is affirmed.

Appellant was convicted...

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