Commonwealth v. Varner

PRICE, Judge:

Appellant was convicted on November 17, 1976, of driving while under the influence, 1 sentenced to a prison term of fifteen (15) days to three (3) months, and fined $250.00. His only contention on appeal is that the prosecution failed to establish that the offense occurred in Franklin County, a necessary element in conferring jurisdiction on the court below. The lower court ruled that appellant’s demurrer did not preserve this issue and that his failure to specifically raise the issue until post-trial motions constituted a waiver. The court also took judicial notice, in…