Opinion
September 19, 1961.
November 16, 1961.
Criminal Law — Operating motor vehicle while under the influence of intoxicating liquor — Evidence — Sufficiency — Burden of proof of Commonwealth — Necessity of expert medical opinion.
On appeal by defendant following conviction and sentence on an indictment charging him with operating a motor vehicle while under the influence of intoxicating liquor, in which it appeared that the court below, finding that the verdict was amply supported by the weight of the evidence and holding that the Commonwealth was not required to show that defendant was intoxicated or unable to drive his automobile safely but only to prove beyond a reasonable doubt that defendant was operating a motor vehicle while under the influence of intoxicating liquor and that expert medical opinion was not required to sustain the conviction, dismissed defendant's motions for a new trial and in arrest of judgment, it was Held that the judgment of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 231, Oct. T., 1961, from judgment of Court of Quarter Sessions of Bucks County, Jan. T., 1960, No. 15, in case of Commonwealth of Pennsylvania v. Edward J. Kelly, Jr. Judgment affirmed.
Same case in court below: 26 Pa. D. C. 2d 225.
Indictments charging defendant with operating a motor vehicle while under the influence of intoxicating liquor and resisting arrest. Before SATTERTHWAITE, J.
Demurrer sustained as to count of resisting arrest, verdict of guilty on remaining count and judgment of sentence entered thereon. Defendant appealed.
Leonard J.D. Myers, for appellant.
Edward G. Biester, Jr., Assistant District Attorney, with him Paul R. Beckert, District Attorney, for Commonwealth, appellee.
Argued September 19, 1961.
The judgment of the Court of Quarter Sessions of Bucks County is affirmed on the opinion of Judge EDWIN H. SATTERTHWAITE for the court below, reported at 26 Pa. D. C. 2d 225.