Commonwealth v. Hartman

Opinion

Pee Cueiam,

Albert D. Hartman was convicted of driving while under the influence of intoxicating liquor. The Trial Court ordered a new trial. The Commonwealth appealed to the Superior Court which reversed the order. This Court granted an allocatur. “At most, appeals by thé Commonwealth are sanctioned only where the ruling is against the Commonwealth on pure questions of law and no issues of fact are involved.” (Com. v. Dolan, 155 Pa. Superior Ct. 453, 455.) It is evident that the appeal to the Superior Court was one based *463on an admixture of law and fact and that, therefore, the…