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COMMONWEALTH v. FISHER (09/11/58)

September 11, 1958

COMMONWEALTH
v.
FISHER, APPELLANT.



Appeal, No. 120, Oct. T., 1958, from judgment of Court of Quarter Sessions of Lycoming County, Sept. T., 1956, No. 148, in case of Commonwealth v. Edward H. Fisher. Judgment affirmed.

COUNSEL

Edward H. Fisher, appellant, in propria persona.

John P. Campana, Assistant District Attorney, with him George M. Hess, Jr., District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Gunther

[ 187 Pa. Super. Page 437]

OPINION BY GUNTHER, J.

This appeal is from an order of the court below denying defendant's motion for a new trial.

Edward H. Fisher was charged with operating a motor vehicle after his operator's license had been suspended. He was indicted for violation of section 620-(h) of The Vehicle Code and was found guilty, by a jury, on May 14, 1957. A new trial was refused and

[ 187 Pa. Super. Page 438]

Fisher was sentenced to pay a fine of $250, the costs of prosecution, and undergo imprisonment in the County Prison of Lycoming County for a period of thirty days.

The prosecution was instituted by a Pennsylvania State Policeman who testified that he was patrolling Route 84 in Lycoming County when he saw a truck parked on the opposite side of the road with an illegal inspection sticker thereon. He stated that he turned around and followed the truck; that Fisher was driving but that he could not overtake him due to a turnoff. He next saw the truck at a farm. Upon questioning, Fisher refused to answer except to give his name. The officer's testimony was corroborated by Mrs. Clara Edler.

The defendant testified that the truck was parked on his lane adjoining Route 84. He denied driving the truck and his testimony was corroborated by his wife and two disinterested witnesses, all of whom testified that defendant's wife was driving at the time in question.

Defendant, in his argument, contends that the verdict was against the evidence; that the verdict was against the weight of the evidence; that there was an abuse of discretion by the trial court in refusing to withdraw a juror and in refusing to instruct the jury to ignore remark of the prosecuting attorney and that ...


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