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COMMONWEALTH v. McCARTNEY

Appeal No.158 C.D. 1970.

2 Pa.Commw. 540 (1971)

Commonwealth v. McCartney.

Commonwealth Court of Pennsylvania.

June 29, 1971.

Attorney(s) appearing for the Case

Anthony J. Maiorana, Assistant Attorney General, with him William H. Robinson, Jr., Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Rocco Viola, Jr., with him Edward A. Tobias, Tobias & Viola, for appellee.

Argued April 22, 1971, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, June 29, 1971:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Allegheny County reversing the order of the Secretary of Revenue (now the Secretary of Transportation) suspending the motor vehicle license of James F. McCartney for one year.

In appeals of this nature our duty is to examine the testimony to determine whether the findings of the...

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