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COMMONWEALTH v. BOZZELLI. (11/14/58)

November 14, 1958

COMMONWEALTH, APPELLANT,
v.
BOZZELLI.



Appeals, Nos. 191 and 192, Oct. T., 1958, from order of Court of Quarter Sessions of the Peace of Montgomery County, Nov. T., 1956, Nos. 32 and 32-2, in case of Commonwealth of Pennsylvania v. Albert Bozzelli. Order affirmed.

COUNSEL

Richard S. Lowe, Assistant District Attorney, with him Bernard E. DiJoseph, District Attorney, for appellant.

Leon H. Fox, Jr., with him Fox and Fox, for appellee.

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

Author: Gunther

[ 188 Pa. Super. Page 42]

OPINION BY GUNTHER, J.

This appeal is by the Commonwealth of Pennsylvania from the action of the court below in granting

[ 188 Pa. Super. Page 43]

    a motion in arrest of judgment, under the authority of the Act of 1951, June 15, P.L. 585, section 1, 19 P.S. section 871, after a jury returned verdicts of guilty of involuntary manslaughter and operating a motor vehicle after suspension or revocation of operating privilege. The defendant, Albert Bozzelli, was also charged with operating a motor vehicle while under the influence of intoxicating liquor, but a demurrer to this charge was sustained by the court below, and this charge and the action taken thereon is not before us on this appeal.

On the morning of July 15, 1956, Vincent Malandra met his death about 1:55 A.M. as a result of a violent automobile crash in which he was an occupant. Earlier on the evening of July 14, 1956, the defendant, Vincent S. Malandra, James Chiancone, Alfred Leno, John Jarrell and Francis LaCava met at defendant's home outside Mont Clare in Montgomery County and proceeded to several bars and clubs in a two-door Packard sedan owned by defendant's wife. Just prior to the collision, this car was traveling in an eastwardly direction on Walnut Street in Mont Clare when the automobile went out of control at a point approximately 270 feet westwardly from the home of one William Blatt, and, after careening first to the left and off the road and onto the shoulder and then to its right, came into a violent head-on collision with a large tree immediately adjacent to the roadway and in front of Mr. Blatt's home. The decedent lost his life due to a fracture of the cervical vertebrae, a crushed chest with fracture of the sternum and subarachnoid hemorrhages.

Within a very short time after the impact, Mr. Blatt arrived on the scene and found one man, who was not identified, lying in the center of the highway, Alfred Leno seated in the center front with the engine

[ 188 Pa. Super. Page 44]

    of the automobile forced back between his legs, the defendant lying with his head and shoulders upon the highway but with his feet inside the car on the driver's side and near the pedals, and the remaining three men were found lying in the back of the car. Decedent was stretched across the back seat of the car, with his head jammed down in between the rear seat and his body was perpendicular to the steering wheel which was badly bent. This witness testified that he first looked in at the right door which was closed. Leno was conscious and asked for help to get out of the car. The witness then went to the left side of the car where he found the defendant ...


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