Commonwealth v. Tharp

CIRILLO, President Judge:

This is an appeal from a judgment of sentence following the denial of appellant David Tharp’s post-trial motions in arrest of judgment and for a new trial. He was convicted of permitting a violation of Title 75, the Motor Vehicle Code. We reverse.

At the end of their shift at 1:00 a.m. on October 26, 1985, David Tharp drove himself and a co-worker, Steven Scoviak, to a bar. Tharp’s eyes were bothering him as a result of his first day on a welding assignment and he did not want to drive any more that night. After consuming several beers, they left the bar and Scoviak…