Commonwealth v. McNair

Opinion by

Montgomery, J.,

In this prosecution of appellant-defendant on the charge of driving a motor vehicle while under the influence of intoxicating liquor, his counsel requested and was refused the privilege of summation at the conclusion of the evidence. The trial was conducted without a jury before the Honorable John A. Boyle, who found the defendant guilty. Motions for a new trial and in arrest of judgment having been refused and sentence imposed this appeal followed.

A new trial must be granted. Had this been a jury trial the question would be settled by Charles Stewart v. The…