Commonwealth v. Brown

LIPEZ, Judge:

Appellant was found guilty, by a jury, of violating section 3731 of the Vehicle Code, 1 which provides, in relevant part, that “[a] person shall not drive any vehicle while . under the influence of alcohol . . . .” He alleges, on this appeal, that the trial court erred in instructing the jury on the elements of the offense. We agree, and therefore vacate the judgment of sentence and remand the cause for a new trial.

The Commonwealth’s evidence was in the form of testimony by witnesses who had observed appellant and his vehicle during the time in question. One witness testified…