Commonwealth v. Stosny

Opinion by

Rhodes, J.,

Appellant was convicted of involuntary manslaughter. Deceased was struck by appellant’s automobile while it was being operated by 'him on one of the streets of Philadelphia. The court below refused to grant a new trial; this appeal from the judgment of sentence followed.

The evidence is insufficient to sustain the conviction. Appellant’s demurrer to the evidence at the clbse of the Commonwealth’s case should have been sustained. The evidence produced by appellant in his own behalf— there being no rebuttal thereto by the Commonwealth— in connection with the evidence in the…