Commonwealth v. Bolger

Opinion by

Ervin, J.,

This is an appeal from a. decree of the lower court dismissing the Commonwealth’s exception to the action of that court wherein it sustained defendant’s demurrer.

Defendant was indicted in one bill charging failure to stop at the scene of a motor vehicle accident and failure to exhibit operator’s license and to give identification at the scene of an accident. Act of May 1, 1929, P. L. 905, Art. X, §1025, as amended, 75 PS §634.

The evidence, considered in the light most favorable to the Commonwealth, was that at about 4:00 a.m. Sunday, October 2, 1955, John Bodnar was…