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COM. v. BRAUER

372 Pa.Super. 8 (1988)

538 A.2d 919

COMMONWEALTH of Pennsylvania, Appellant v. Robert W. BRAUER.

Supreme Court of Pennsylvania.

Filed March 11, 1988.

Attorney(s) appearing for the Case

Ann A. Osborne, Assistant District Attorney, Radnor, for Com., appellant.

Vincent Iannello, Jr., Media, for appellee.

Before CAVANAUGH, ROWLEY and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal from the judgment of the Court of Common Pleas of Delaware County by the Commonwealth/appellant placing Robert Brauer/appellee on probation without a verdict for violating 75 Pa.C.S. § 3731 (Driving Under the Influence of Alcohol or a Controlled Substance).1 We reverse.

The facts are not in dispute and reveal that on July 30, 1986, the appellee was travelling on East 10th Street in Marcus...

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