Summary
authorizing post-arrest impoundment where both the driver and the passenger were unfit to drive, the ownership of the vehicle was uncertain, and the vehicle would have been stranded on the highway
Summary of this case from Com. v. HenniganOpinion
Argued April 14, 1989.
Decided April 18, 1989.
Appeal No. 123 E.D. Appeal Dkt. 1988 from Order of Superior Court, 368 Pa. Super. 130, 533 A.2d 750 (1987), entered November 9, 1987, at No. 02001 Philadelphia 1986, Reversing Order of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered June 19, 1986, at Criminal Nos. 0776-0778 January Term, 1986, and Remanding Case for Trial.
John C. McDougall, Philadelphia, for appellant.
Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Frances G. Gerson, Philadelphia, for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
ZAPPALA and PAPADAKOS, JJ., dissent.