Commonwealth v. Swann

HOFFMAN, Judge:

This is an appeal from the December 15, 1992 order, setting aside appellee’s conviction for homicide by vehicle. The Commonwealth raises one issue for our review:

Did the trial court err in arresting judgment based on its conclusion that the jury’s acquittal of defendant for involuntary manslaughter was inconsistent with its guilty verdict for homicide by vehicle.

Commonwealth’s Brief at 4. For the reasons set forth below, we reverse.

On April 7, 1991, appellee, Dwayne Swann, was involved in an automobile accident. The record shows that appellee was speeding, tailgating and…