Commonwealth v. Barone

CERCONE, President Judge:

The Commonwealth brings the instant appeal from the trial court’s order granting of appellee’s demurrer to the charge of homicide by vehicle, Motor Vehicle Code, 75 Pa.C.S. § 3732 (1977).1 Ms. Barone filed a cross-appeal challenging an earlier order of court dismissing various of her earlier petitions and motions attacking the constitutionality of this statute. Albeit for different reasons, the majority of this Court agree that the order of the trial court discharging appellant should be affirmed.

Section 3732 of the Motor Vehicle Code provides:

Any person who…