Commonwealth v. Nay

Appellant Mark A. Nay brings this appeal from a pre-trial order denying his motion to quash an Information on the grounds of double jeopardy. Specifically, we are asked, once again, to construe this State’s Homicide by Vehicle Statute1 and to determine the degree of culpability embraced by its provisions.

On April 3, 1978 appellant was involved in a two-car accident on Knights Road in Philadelphia in which his passenger Anthony Bronzini was killed. Testimony at the Municipal Court trial established that at approximately 7:30 p.m. on the day of the incident, one Ronald Kohl drove his car to Our…