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Commonwealth v. Fry

340 Pa. Super. 445 (Pa. Super. Ct. 1985)
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Commonwealth v. Fry

3 Citing cases

  1. Commonwealth v. McCurdy

    558 Pa. 65 (Pa. 1999)   Cited 15 times
    In Commonwealth v. McCurdy, 735 A.2d 681 (Pa. 1999), we described 75 Pa.C.S.A. § 3735 as requiring proof: (1) of a conviction for driving under the influence pursuant to 75 Pa.C.S.A. § 3731, and (2) that this violation caused the death.

    We note that the Superior Court has stated that the subsections of the driving under the influence statute are distinct offenses. See Commonwealth v. Slingerland, 358 Pa. Super. 531, 534, 518 A.2d 266, 268 (1986); Commonwealth v. Fry, 340 Pa. Super. 445, 447, 490 A.2d 862, 863 (1985). To the extent that these decisions are inconsistent with the holding in this case, we find them to be in error.

  2. Com. v. Williams

    2005 Pa. Super. 217 (Pa. Super. Ct. 2005)   Cited 105 times
    Holding that evidence was sufficient to prove actual physical control of vehicle where defendant was found in his car at 4 a.m., with his head on steering wheel, headlights on, radio on, engine running, and vehicle parked diagonally across two parking spots

    The fact that the offense may be established as a matter of law if the Commonwealth can produce the necessary chemical test does not constitute proof of a different offense, but merely represents an alternative basis for finding culpability. Commonwealth v. McCurdy, 558 Pa. 65, 73, 735 A.2d 681, 685-86 (1999) (internal citations omitted) (reversing Commonwealth v.Slingerland, 358 Pa.Super. 531, 518 A.2d 266 (1986) and Commonwealth v. Fry, 340 Pa.Super. 445, 490 A.2d 862 (1985), to the extent those decisions were inconsistent with McCurdy holding). In Commonwealth v. McMullen, 756 A.2d 58 (Pa.Super. 2000), appeal denied, 565 Pa. 667, 775 A.2d 804 (2001), this Court held that 75 Pa.C.S.A. § 3731(a)(4)(ii), relating to underage DUI, was a separate and distinct offense from Section 3731(a)(1).

  3. Com. v. Slingerland

    358 Pa. Super. 531 (Pa. Super. Ct. 1986)   Cited 13 times
    Holding that a test was admissible despite being taken 1 hour 23 minutes after the defendant was involved in an automobile accident

    These offenses, we have held, are separate and distinct. See: Commonwealth v. Fry, 340 Pa. Super. 445, 490 A.2d 862 (1985). It remains to be determined, however, whether the two offenses are "cognate."