Commonwealth v. Wilson

Opinion by

Cercone, J.,

This is an appeal from defendant’s conviction after a second trial, of the charge of “Violation of Motor Vehicle Code, Section 1037, in that he did while under *515the influence of intoxicating liquor operate a motor vehicle upon the highways of the Commonwealth.”

Defendant admits he was under the influence of intoxicating liquor but strenuously denies that he was the operator of the vehicle owned by him at the time it had knocked down a mailbox. He contends that he was a passenger in his vehicle and was found behind the steering wheel in the driver’s seat after the vehicle’s…