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COMMONWEALTH v. BOGNAR (11/13/70)

decided: November 13, 1970.

COMMONWEALTH
v.
BOGNAR, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lehigh County, Sept. T., 1968, No. 25, in case of Commonwealth of Pennsylvania v. Imre Bognar.

COUNSEL

Gerald I. Roth, for appellant.

Wardell F. Steigerwalt, Assistant District Attorney, and George J. Joseph, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 217 Pa. Super. Page 396]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was involved in a minor automobile collision with prosecutrix. Both parties emerged from their cars in an excited state. Considering the contradictory testimony in the light most favorable to the Commonwealth, it appears that appellant at first refused to give prosecutrix any information concerning his identity asserting that the accident was her fault. After a period of volatile conversation appellant finally took out his wallet and placed his driver's license in front of prosecutrix's face, so that she could read it through a celluloid covering.

The license was displayed to prosecutrix for thirty seconds to a minute, but a portion of the face of the card was covered by appellant's hand. As a result, she was able to copy down his operator's number but not the name and address. Although prosecutrix had asked appellant for his name previously, she did not repeat this request when she discovered that the name and address were obscured. Appellant then proceeded on his

[ 217 Pa. Super. Page 397]

    business and prosecutrix reported the accident to ...


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