Appeal from judgment of Court of Quarter Sessions of Mercer County, June T., 1966, No. 123, in case of Commonwealth of Pennsylvania v. Arthur Watson.
Cyril T. Garvey, with him Evans and Garvey, for appellant.
Joseph J. Nelson, Assistant District Attorney, with him Edward M. Bell, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Wright, J., absent). Opinion by Montgomery, J. Ervin, P. J., would affirm on the opinion of the court below.
[ 211 Pa. Super. Page 395]
This appeal by the defendant Arthur Watson followed his conviction and sentence on the charge of operating a motor vehicle while under the influence of intoxicating liquor.
Inasmuch as we conclude that a new trial is necessary for the reason that the verdict did not represent the unanimous vote of the jury, the alleged errors in the charge of the court will not be considered.
Our conclusion that a unanimous verdict was not reached is based on the following colloquy between the court and Glenn W. Snyder, one of the jurors, which occurred when a sealed verdict rendered by the jury was opened and the jury polled:
"The Clerk: Glenn W. Snyder, how say you? Guilty or not guilty? Glenn W. Snyder.
"Mr. Snyder: Well, I said not guilty, but I gave in to guilty.
"The Court: How say you now? The verdict as recorded by the foreman was that he was guilty. Do you now say that he was guilty?
"Mr. Snyder: Sure, I have to go along with them.
"The Court: Now, you don't have to, but do you say guilty or not guilty, it having been recorded ...