Commonwealth v. Fetter

Opinion by

Judge Rogers,

James R. Fetter was charged with operating his motor vehicle while under the influence of intoxicants on January 31; 1977 under Section 1037 of the Vehicle *393Code, Act of April 29, 1959, P.L. 58, as amended, formerly 75 P.S. §1037, repealed by the Act of June 17, 1976, P.L. 162. A similar provision is now found in Section 3731 of the Vehicle Code, 75 Pa. C. S. §3731. On March 28,1978 Mr. Fetter was convicted of the violation in a jury trial in the Common Pleas Conrt of Columbia County. In accordance with Section 616(A) (1) of the old Vehicle Code, the Bureau of Traffic…