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COMMONWEALTH v. ROSENBERGER (06/11/57)

June 11, 1957

COMMONWEALTH
v.
ROSENBERGER, APPELLANT.



Appeal, No. 80, April T., 1957, from judgment of Court of Quarter Sessions of Beaver County, June T., 1956, No. 26, in case of Commonwealth v. Elmer George Rosenberger. Judgment affirmed.

COUNSEL

James B. Ceris, with him Samuel L. Goldstein, for appellant.

Richard P. Steward, District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 183 Pa. Super. Page 402]

OPINION BY WOODSIDE, J.

This is an appeal from the judgment of sentence imposed upon the appellant after his conviction by a

[ 183 Pa. Super. Page 403]

    jury on charges of involuntary manslaughter and of failure to stop and render assistance.

The defendant made motions in arrest of judgment and for a new trial. The only grounds for a new trial assigned in the court below were that the verdict was against the weight of the evidence and against the law. The court below dismissed the motions and imposed sentence.

We have examined the record and conclude that there was sufficient evidence to sustain the conviction on both charges, and that the trial was conducted with fairness and without reversible error.

President Judge MCCREARY of Beaver County who tried the case stated in his opinion as follows: "The record would justify the jury in finding that the defendant, while proceeding in a southerly direction along Duss Avenue in the Borough of Ambridge, State Highway Route No. 88, struck a pedestrian on the crosswalk leading from the east side of Duss Avenue to the West side thereof, when the pedestrian, now deceased, had reached a point somewhere in the southbound lane of traffic on Duss Avenue; that the automobile of the defendant carried the body of the struck pedestrian on its front bumper, or left front fender, from that point on Nineteenth Street and Duss Avenue, in a southerly direction, to the intersection of Duss Avenue and Twelfth Street, turned right on Twelfth Street going toward Merchant Street, a distance of a couple of city blocks, in the meanwhile crossing some railroad tracks on which was found the heel of one of the shoes of the deceased, turned right, or north, on Merchant Street and proceeded ...


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