Commonwealth v. Currie

ACKER, J.,

Defendant’s motions for new trial and in arrest of judgment present constitutional questions of considerable import. The basic proposition is that because defendant pled guilty before a justice of the peace and paid a $10 fine and the costs to a charge of driving left of center, he could not be subsequently tried for involuntary manslaughter in the killing of a young man and woman as a result of an automobile accident. Defendant has preserved his position by an oral motion that he be discharged, presented out of the hearing of the jury immediately prior to the charge of the court.…