Commonwealth v. Horn

Opinion by

Woodside, J.,

The appellant was tried before a judge without a jury on a charge of operating a motor vehicle while under the influence of intoxicating liquor, in violation of the Act of May 1,1929, P.L. 905 §620(f) as amended, 75 PS §231 (f). He was found guilty and sentenced to six months in jail and a fine of $500. He has appealed this sentence, contending that the trial court should have granted his motion in arrest of judgment, or at least his motion for a new trial.

The defendant was operating his automobile at approximately one o’clock in the morning on a wet, foggy night in the…