Commonwealth v. Hackett

Opinion by

Hoffman, J.,

This is an appeal from a judgment of sentence of possession of heroin and operating an automobile under the influence of a narcotic drug. Appellant contends that the trial court erred in excluding exculpatory evidence during the trial.

On November 13, 1971, at approximately 12:30 a.m., police found appellant unconscious at the wheel of his automobile. The motor was running, the headlights on, and the vehicle’s wheels partially on the sidewalk. Officer McCallion of the Lansdale Police observed an empty vial, a tourniquet and an empty syringe with fresh blood on the car’s…