Commonwealth v. Spurgeon

WATKINS, Judge:

This is an appeal from the order of the Court of Common Pleas of Montgomery County, by the defendant-appellant, McDuffey Spurgeon, which dismissed the defendant’s pretrial motion requesting the court to quash certain criminal informations brought against him.

On July 22,1979 one Jeffrey Benton was struck and killed by a motor vehicle while he was walking along a roadway. On August 23,1979 the defendant was arrested and charged with Homicide by Vehicle (75 Pa.C.S.A. 3732), which is a misdemeanor of the first degree, Reckless Driving (75 Pa.C. S.A. 3714), a summary offense,…