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COM. v. McCURDY

558 Pa. 65 (1999)

735 A.2d 681

COMMONWEALTH of Pennsylvania, Appellee, v. Shane Farron McCURDY, Appellant.

Supreme Court of Pennsylvania.

Decided August 3, 1999.

Attorney(s) appearing for the Case

Thomas R. Ceraso, for Shane Farron McCurdy.

Robert S. Bell, Indiana, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAM and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

We allowed appeal to consider whether Appellant's convictions for driving under the influence pursuant to Section 3731(a)(1) of the Vehicle Code and homicide by vehicle while driving under the influence are undermined by the constitutional infirmity of Section 3731(a)(5).

Shortly after midnight on May 20, 1995, Appellant, Shane McCurdy, was operating a 1978 Cadillac on Route...

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