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COMMONWEALTH v. HORN

395 Pa. 585 (1959)

Commonwealth v. Horn, Appellant.

Supreme Court of Pennsylvania.

March 16, 1959.

Attorney(s) appearing for the Case

Louis Lipschitz, for appellant

Domenick Vitullo Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. JUSTICE BELL, March 16, 1959:

Defendant was found guilty by a trial Judge, sitting without a jury, of operating a motor vehicle while under the influence of intoxicating liquor. The Judgment and Sentence of the Court of Quarter Sessions was affirmed by a unanimous Superior Court, and this Court allowed an allocatur.

On January 22, 1957, at approximately 1:00 a.m., John McKnight was driving his automobile...

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