COMMONWEALTH v. FETZNER

No. 135.

12 Pa. D. & C. 2d 180 (1957)

Commonwealth v. Fetzner

Common Pleas Court of Erie County, Pennsylvania.

May 15, 1957.


Attorney(s) appearing for the Case

Herbert J. Johnson, Jr., District Attorney, for Commonwealth.

George W. Schroeck and A. L. Gambatese, for defendant.


LAUB, J., May 15, 1957.

Defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor. He has asked for a new trial, and we are presently considering whether he is entitled to one.

The Commonwealth, at trial, produced two police officers who testified that defendant was arrested about 4:15 in the afternoon and at a time when there was a large amount of traffic on the highway. The police vehicle had pulled abreast and...

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