Commonwealth v. Schuler

Opinion by

Reno, J.,

This is the Commonwealth’s appeal from an order quashing an indictment.

The indictment charged that defendant “...... unlawfully did operate a motor vehicle over and upon a public street or highway in said County and Commonwealth, ......then and there being under the influence of intoxicating liquor or a narcotic or habit producing drug......” The charge was laid under the Act of June 29, 1937, P. L. 2329, §620 (f), 75 PS §231, which in part provides: “It shall be unlawful for any person to commit any of the following acts:......To operate a motor vehicle, ...... while under…