Commonwealth v. Kishbaugh

DAVISON, J.,

We have before the court en banc defendant’s post-trial motions, which raise, inter alia, the question of the constitutionality of Pennsylvania’s vehicular homicide statute, following his conviction thereunder.

Defendant, Henry A. Kishbaugh, was charged with homicide by vehicle1 and the summary of*148fenses of reckless driving2 and following too closely3 after a collision which occurred on the Pennsylvania Turnpike on September 7, 1977. Kishbaugh was operating a tractor trailer which collided with the rear of a disabled vehicle occupied by a Louis Marinari which was being towed by…