Commonwealth v. Heintz

ACKER, J.,

The matter for determination is whether by posting a bond before a justice of the peace defendant waived the right to now attack his arrest. Defendant is charged with operating a motor vehicle in the City of Sharon while under the influence of intoxicating liquors in violation of section 1037 of The Vehicle Code of April 29, 1959, P. L. 58, 75 PS §1037.

The arrest was made by a Sharon police officer on “information received.” Defendant’s contention is that he did not operate the motor vehicle in the presence of the arresting officer, nor did he exercise actual physical control over…