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COM. v. MERCHANT

528 Pa. 161 (1991)

595 A.2d 1135

COMMONWEALTH of Pennsylvania, Appellant, v. Ralston W. MERCHANT, Jr., Appellee.

Supreme Court of Pennsylvania.

Filed July 31, 1991.

Reargument Denied October 1, 1991.

Attorney(s) appearing for the Case

Robert E. Colville, Dist. Atty., Claire C. Capristo, Deputy Dist. Atty., Scott A. Bradley, Asst. Dist., Pittsburgh, for appellant.

Stuart Suss, Deputy Dist. Atty., West Chester, for amicus curiae Pennsylvania Dist. Attys. Ass'n.

James A. Ashton, Pittsburgh, for appellee.

David M. McGlaughlin, Philadelphia, for amicus curiae, Pennsylvania Ass'n of Defense Lawyers.

Before NIX, C.J., and FLAHERTY, LARSEN, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

McDERMOTT, Justice.

Appellant, the Commonwealth of Pennsylvania, appeals from the order of the Superior Court vacating the judgment of sentence imposed upon appellee, following a bench trial, by the Court of Common Pleas of Allegheny County (Ridge, J.).

The relevant facts are as follows. On October 21, 1987, appellee, Ralston W. Merchant, Jr., was driving his car along Freeport Road in the Borough of Aspinwall when he was observed by two...

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