Legal Opinion

Commonwealth v. Mitchell

Pennsylvania Court of Common Pleas, Somerset County

Decided May 16, 1975No. 51 of 1975Published

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

  1. Colten v. KentuckySupreme Court of the United States · 1972
  2. State v. DanaWashington Supreme Court · 1968
  3. Commonwealth v. DiFrancescoSupreme Court of Pennsylvania · 1974
  4. Commonwealth of Pa. v. MullenSupreme Court of Pennsylvania · 1975
  5. Commonwealth v. QuarlesSuperior Court of Pennsylvania · 1974

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