Commonwealth v. Merchant

OPINION

McDERMOTT, Justice.

Appellant, the Commonwealth of Pennsylvania, appeals from the order of the Superior Court vacating the judgment of sentence imposed upon appellee, following a bench trial, by the Court of Common Pleas of Allegheny County (Ridge, J.).

The relevant facts are as follows. On October 21, 1987, appellee, Ralston W. Merchant, Jr., was driving his car along Freeport Road in the Borough of Aspinwall when he was observed by two Borough of Etna police officers “driving in a very erratic manner crossing the double yellow lines; in fact, almost hitting a vehicle coming in the…