Commonwealth v. Glenn

ACKER, J.,

Defendant has been convicted by a jury of involuntary manslaughter through the instrumentality of a pickup truck. The victim was a passenger in the vehicle. Defendant has moved for a new trial and has filed a motion in arrest of judgment. The motion for a new trial must be granted. The motion in arrest of judgment is denied. Although numerous contentions are advanced by defendant, one has merit. This court instructed the jury that the assured clear distance ahead rule was applicable to the striking of a tree 15 feet from the hard surface of the highway and beyond the berm. This…