Commonwealth v. Tylwalk

PRICE, Judge:

This is an appeal by the Commonwealth from the lower court’s order suppressing chemical tests because they were deemed to have been performed too long after a fatal accident in which appellee was allegedly involved. We reverse the order of the lower court and remand the case for trial.

It is the Commonwealth’s position that without the suppressed evidence the prosecution will be substantially handicapped and that “the suppressed evidence may well mark the difference between conviction and acquittal of the defendant.” (Appellant’s brief at 8). Therefore, the order before us is ripe…