Commonwealth v. Brown

Opinion by

Cercone, J.,

Defendant was tried and convicted by a jury on a charge of operating a motor vehicle while under the influence of intoxicating liquor. Both the arresting officer and the officer who administered the breathalyzer test testified for the Commonwealth. However, because the officer who administered the test had no independent recollection of so doing, the breathalyzer report itself was introduced into evidence on the basis of the past recollection recorded exception to the hearsay rule.1 The appellant contends that the lower court erred in charging the jury on the…