Commonwealth v. Mitchell
Pennsylvania Court of Common Pleas, Somerset County
1Opinion of the Court
COFFROTH, P.J.,
This is a motion to quash the indictment which charges defendant with operating a motor vehicle while under the influence of intoxicating liquor, on the grounds that:
1. The description of the offense in the complaint is not sufficiently specific to inform defendant what substance he is alleged to have been under the influence of while driving;
*4732. The breathalyzer test was administered in Cambria County instead of in Somerset County where the alleged offense and the arrest occurred;
3. At the preliminary hearing before the justice of the peace, the essential evidentiary conditions…
2Cases cited11 opinions
- Colten v. KentuckySupreme Court of the United States · 1972
- State v. DanaWashington Supreme Court · 1968
- Commonwealth v. DiFrancescoSupreme Court of Pennsylvania · 1974
- Commonwealth of Pa. v. MullenSupreme Court of Pennsylvania · 1975
- Commonwealth v. QuarlesSuperior Court of Pennsylvania · 1974
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