Appeal from Order of the Court of Common Pleas, Criminal Division, of Perry County, No. 158 of 1983.
R. Scott Cramer, District Attorney, Duncannon, for Com., appellant.
John B. Mancke, Harrisburg, for appellee.
Wieand, Olszewski and Tamilia, JJ. Olszewski, J., files a concurring opinion.
[ 364 Pa. Super. Page 426]
On September 3, 1983, at or about 6:42 p.m., Robert Scott Eichelberger was operating a motor vehicle southwardly on Route 34, a two lane highway in Perry County. Suddenly and without prior warning, his vehicle crossed the center line into the northbound lane where it struck two vehicles travelling in the opposite direction. The driver of the second northbound vehicle was killed. Eichelberger was charged with involuntary manslaughter,*fn1 driving while under the influence of alcohol,*fn2 homicide by vehicle,*fn3 homicide by vehicle while under the influence of alcohol,*fn4 and two summary offenses.*fn5 Following a non-jury trial, Eichelberger was found guilty only of homicide by vehicle and the summary offenses. Subsequently, in response to a defense motion for post-trial relief, the trial court arrested judgment on the conviction for homicide by vehicle. From this order arresting judgment, the Commonwealth appealed.
The standard for our review was stated in Commonwealth v. Robinson, 351 Pa. Super. 309, 505 A.2d 997 (1986), as follows:
"In reviewing an appeal from a trial court's granting of motion in arrest of judgment, we must determine whether the evidence offered by the Commonwealth was legally sufficient to support the verdict. Commonwealth v. Froelich, 458 Pa. 104, 326 A.2d 364 (1974). To reach this determination, we accept all of the evidence and all reasonable inferences therefrom, upon which the fact-finder could have based the verdict; we can affirm the granting
[ 364 Pa. Super. Page 427]
of a motion in arrest of judgment if, viewed in that manner, the evidence was nonetheless insufficient in law to find guilt beyond a reasonable doubt as to the crimes charged. Commonwealth v. Blevins, 453 Pa. 481, 309 A.2d 421 (1973). We must view the evidence in the light most favorable to the Commonwealth.
Commonwealth v. Hazlett, 429 Pa. 476, 240 A.2d 555 (1968). Our task is the same whether the finder of fact was a jury or a judge sitting without a jury. Commonwealth v. Meadows, 232 Pa. Super. 292, 331 A.2d 827 (1974) [, aff'd 471 Pa. 201, 369 A.2d 1266 (1977)]."
Id., 351 Pa. Superior Ct. at 311-312, 505 A.2d at 998, quoting Commonwealth v. Nelson, 245 Pa. Super. 33, 36, 369 A.2d 279, 280 (1976), ...