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COMMONWEALTH v. KAUFOLD (09/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: September 15, 1972.

COMMONWEALTH
v.
KAUFOLD, APPELLANT

Appeals from judgment of sentence of Court of Common Pleas of Lebanon County, No. 680 of 1970, and No. 11 of 1971, in case of Commonwealth of Pennsylvania v. Wayne F. Kaufold.

COUNSEL

Joseph C. Mesics, Public Defender, for appellant.

Frederick S. Wolfson, Assistant District Attorney, and George E. Christianson, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ.

Author: Per Curiam

[ 222 Pa. Super. Page 275]

The only real issue this case presents is the constitutional validity of the provision of The Vehicle Code

[ 222 Pa. Super. Page 276]

    that: "The refusal to submit to a chemical test may be admitted into evidence as a factor to be considered in determining innocence or guilt."*fn1 Although the courts are in disagreement as to whether such statutes violate the Fifth Amendment or as to whether such evidence is inadmissible on other grounds,*fn2 the record in this case shows the admission of such evidence in any event is harmless error in light of the uncontradicted testimony of four witnesses, including three police officers, that the appellant was intoxicated.

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.


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