Commonwealth v. Danchision

VAN der VOORT, Judge:

John Stephan Danchision, appellee in the case before us, was the driver of an automobile which collided on the night of October 28, 1977, with an automobile being driven by Edward W. Howard. As a result of the collision, Mr. Danchision was seriously injured and Mr. Howard was killed. John Danchision was charged with violating 75 Pa.C.S. § 3302, meeting vehicle proceeding in opposite direction, 1 and 75 Pa.C.S. § 3732, homicide by vehicle. 2

Trial was held on May 15 and 17, 1978, and at the close of the Commonwealth’s case, the lower court granted appellee’s demurrer,…