Commonwealth v. Kerns

Opinion by

Rhodes, J.,

Appellant was convicted of operating an automobile, in Philadelphia county, while under the influence of intoxicating liquor. On this appeal appellant contends that the evidence is insufficient to warrant his conviction, and that a new trial should have been granted by the court below because of after-discovered evidence.

There was ample evidence from which the jury was justified in finding that about 5:30 a. m. on October 13, 1935, the appellant drove his automobile into a wooden telegraph pole, at Thirteenth and Lombard Streets, in the City of Philadelphia, and…