Commonwealth v. Smoyer

OPINION

McDERMOTT, Justice.

This is an appeal from the Order of the Superior Court, 302 Pa.Super. 620, 448 A.2d 1190, affirming the judgment of sentence of the Court of Common Pleas of Chester County, Criminal Division. After examination of appellant’s claim we reverse.

Appellant, Thomas Smoyer, after trial by jury was convicted of aggravated assault, 1 homicide by vehicle, 2 and involuntary manslaughter. 3 The charges stem from an incident which occurred in the early morning hours of September 18, 1977, when appellant’s automobile allegedly collided with the automobile driven by Laura Smoyer,…