Commonwealth v. Koch

I concur in the majority’s conclusion that because of Commonwealth v. Field, 490 Pa. 519, 417 A.2d 160 (1980), we must affirm. But for me, Field is neither a persuasive precedent, nor one that forecloses further attack on the constitutional validity of the statute creating the crime of homicide by vehicle.

If I don’t find Field persuasive, so much the worse for me, you may say. And yet, if we are to be content with precedent, we shall become dull indeed. The law will never grow unless we express our doubts. Courts, when they *360exchange opinions, should regard themselves as friends engaged in…