Commonwealth v. Johnston

SHUGHART, P. J.,

— Defendant, Robert W. Johnston, was convicted of driving under the influence of intoxicating liquor following a jury trial on February 27, 1973. Defendant subsequently filed a motion for new trial and in arrest of judgment which is before us for disposition.

At trial, defendant denied that he was the operator of the vehicle. Further, he produced a witness, Stimeling, who testified that he was driving the car at the time of the offense. It was conceded that Stimeling was present at the arrest and accompanied the arresting officer and defendant to the police station, but did not…