No. 885, October Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Potter County, Criminal, Pennsylvania at No. 113 of 1978
Daniel R. Milliard, Coudersport, for appellant.
Thur W. Young, District Attorney, Coudersport, for Commonwealth, appellee.
Wickersham, Brosky and Roberts, JJ.*fn* Brosky, J., files a concurring opinion.
[ 286 Pa. Super. Page 429]
William Ladd Batterson, appellant was charged with operating a motor vehicle under the influence of alcohol arising out of an incident occurring on August 2, 1978 in Coudersport Borough, Potter County, Pennsylvania.*fn1
[ 286 Pa. Super. Page 430]
On January 15, 1979 a jury returned a guilty verdict and on April 3, 1979, Honorable Harold B. Fink, President Judge, sentenced the defendant-appellant to imprisonment in the Potter County jail for a period of not less than fifteen days nor more than thirty days and a fine.*fn2 An appeal was taken
[ 286 Pa. Super. Page 431]
to our court and we will consider the first*fn3 statement of questions involved as follows:
Is a judge in error when he refuses to disqualify himself after having presentenced all individuals who are found guilty of the crime of Driving While Intoxicated to a jail sentence and a fine?
Appellant's concern deals with an article*fn4 appearing in The Potter Enterprise Wednesday, ...