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COM. v. KOWALEK

436 Pa.Super. 361 (1994)

647 A.2d 948

COMMONWEALTH of Pennsylvania, Appellant, v. Paul F. KOWALEK.

Superior Court of Pennsylvania.

Decided September 12, 1994.

Attorney(s) appearing for the Case

Scott C. Gartley, Asst. Dist. Atty., Wilkes-Barre, for Com., appellant.

Michael Melnick, Shavertown, for appellee.

Before CIRILLO, TAMILIA and BROSKY, JJ.

TAMILIA, Judge:

The Commonwealth takes this appeal from the Order of November 5, 1993, granting in part defendant's petition for a writ of habeas corpus and dismissing the charge of driving under the influence of alcohol, 75 Pa.C.S. § 3731(a)(1). A preliminary hearing on the charges was held on July 21, 1993 before a district justice, at the conclusion of which all charges were held for court. Defendant filed a petition for writ of habeas corpus on September...

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