Commonwealth v. Richardson

CAVANAUGH, Judge:

Appellant was found guilty of homicide by vehicle 1 and driving while under the influence 2 following a trial before the Honorable S. John Cottone of Lackawanna County, sitting without a jury. On appeal, appellant alleges several errors by the lower court. For the following reasons, we reverse the appellant’s conviction for homicide by vehicle, and affirm his conviction for driving while under the influence.

On April 25, 1980, at approximately 12:10 a.m., appellant was driving his vehicle with two passengers, Ellwyn Beeman and Clarence Jennings, on the North Main Avenue…