Commonwealth v. Bishop

Opinion by

Wright, J.,

The question with which we are here concerned is whether a defendant, who has been indicted and acquitted on a charge of operating a motor vehicle while under the influence of intoxicating liquor, may be subsequently reindicted and convicted on a charge of operating the same motor vehicle at the same time and place while under the influence of a narcotic or habit producing drug. The factual situation is set forth in the following agreed statement of the case:

“On July 22, 1955 at approximately 5:30 P.M. Lester Bishop, the defendant, a resident of Souderton, Pennsylvania,…