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COMMONWEALTH v. TURNER (11/14/68)

decided: November 14, 1968.

COMMONWEALTH
v.
TURNER, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Lancaster County, Sept. T., 1967, No. 333, in case of Commonwealth of Pennsylvania v. John D. Turner.

COUNSEL

S. R. Zimmerman, III, with him Zimmerman, Zimmerman, Myers & Gibbel, for appellant.

James F. Heinly, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Montgomery and Spaulding, JJ., join in this dissent.

Author: Per Curiam

[ 213 Pa. Super. Page 377]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was convicted of driving under the influence of intoxicating liquor on January 15, 1968. This appeal followed.

The sole question is whether the jury verdict is supported by the evidence. In my opinion it is not,

[ 213 Pa. Super. Page 378]

    since it rests on the speculative testimony of Police ...


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