Commonwealth v. Seville
Commonwealth v. Seville
Opinion of the Court
Following a one-day jury trial, appellant Robert L. Seville was found guilty of driving a motor vehicle under the influence of intoxicating liquor and driving under suspension.
Testimony adduced at trial revealed the following. In the early morning hours of February 6, 1977, Officer Craig A. Damon of the Jackson Township Police Department, York County, was on routine patrol on Biesecker Road when he noticed a 1972 Gremlin stopped in the middle of the road. As he approached from behind, Damon heard “the roar of the [car’s] engine” and saw the Gremlin pull up about 60 feet and stop on the right berm of the road. Damon asked the driver, appellant herein, to get out of the car and the officer immediately noticed appellant’s slurred speech, flushed face, bloodshot eyes, and a very strong odor of alcohol. Appellant was arrested and transported to State Police barracks where officers were unsuccessful in obtaining a breath sample from him. Appellant was then taken to York Hospital for extraction of a blood specimen. A quantity of blood was there drawn from his arm and placed, by lab technician Katie Potts, into a spectrophotometer for enzyme
The Commonwealth’s sole medical witness at trial was Dr. Jacinto Gochoco, Chairman of the Department of Pathology at York Hospital and, as such, custodian over all lab records. Dr. Gochoco was not present when the sample was drawn and tested but testified he exercises general supervision over such lab procedures. Through Dr. Gochoco, the Commonwealth established a chain of custody of the sample as well as the simple and routine procedure employed in taking blood tests to determine alcohol content. After the blood is drawn, it is placed in a vial, with appropriate markings for identification, and sequestered in a safety deposit refrigerated area, available only to lab personnel. N.T. 5. Thereafter, a technician administers the enzyme analysis, makes certain mathematic calculations, and records the results in a written hospital record. These records, as attested by Dr. Gochoco, are prepared in the regular course of the hospital business and kept in exclusive custody of the Department of Pathology in medical-legal cases. N.T. 15. Mrs. Katie Potts, the technician who performed the enzyme analysis and recorded the results, was found by Dr. Gochoco to be a “long-time, properly certified . . . employee of the lab”. N.T. 13. The records containing the results of appellant’s blood test were brought to court by Dr. Gochoco and admitted into evidence, over appellant’s repeated objections.
Hospital records are generally admitted at trial as an exception to the hearsay rule under the Uniform Business Records as Evidence Act.
Unusual reliability is regarded as furnished by the fact that in practice regular entries have a comparatively high degree of accuracy (as compared to other memoranda) because such books and records are customarily checked as to correctness by systematic balance-striking, because the very regularity and continuity of the records is calculated to train the recordkeeper in habits of precision, and because in actual experience the entire business of the nation and many other activities constantly function in reliance upon entries of this kind.
McCormick, Handbook of Law of Evidence, § 306 (2d ed, 1972); Commonwealth v. DiGiacomo, supra 463 Pa. 449, 457-8, 345 A.2d 605, 609 (Roberts, J., concurring). It is this element of trustworthiness, serving in place of the safeguards ordinarily afforded by confrontation and cross-examination, which justifies admission of the writing or record without the necessity of calling all the persons who may have had a hand in preparing it.
Similarly, the manner in which hospital records are maintained carries safeguards “at least as substantial as the
Judgment of sentence affirmed.
. Vehicle Code, Act of June 17, 1976, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. §§ 3731 and 1543, respectively.
. The Act provides:
A record of an act, condition or event shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
Act of May 4, 1939, P.L. 42, No. 35, § 2 (28 P.S. § 91b).
. The records must, of course, otherwise satisfy the requirements of the Business Records as Evidence Act. Appellant herein concedes the proper foundation was laid in the instant case for admission under the § 91b. Nor does he challenge the reliability of the spectrophotometer and enzyme analysis used in determining the level of intoxication in his blood. See, 75 Pa.C.S.A. § 1547(c).
. The York County Court of Common Pleas, out of which the instant case arose, has previously decided this question in favor of the records’ admissibility. Commonwealth v. House, 84 York 8 (1970), citing Fauceglia v. Harry, 409 Pa. 155, 185 A.2d 598 (1962). Our Court has determined that a medical report such as the one here at issue is admissible in a preliminary hearing through the prosecuting officer alone. Commonwealth v. Rick, 244 Pa.Super. 33, 366 A.2d 302 (1976).
. Slough and Wilson, Legal By-Products of Chemical Testing for Intoxication, 11 Clev.-Mar. L. R. 1, 7 (1962). Our legislature has, of course, accepted the blood test as an accurate measure of the degree to which a person is under the influence of intoxicating liquor. 75 Pa.C.S.A. 1547(c).
. We do not address the question of whether the hospital records, despite falling within the scope of the Business Records as Evidence Act, may have nonetheless deprived appellant his right to confront his accusers. U.S.Const. Amend. VI. See, Commonwealth v. McCloud, supra; Commonwealth v. McNaughton, supra, 252 Pa.Super. 302, 313-15, 381 A.2d 929, 934-5 (Spaeth, J. concurring). At no time in these proceedings, either below or on appeal, has appellant raised the constitutional issue and we will not consider arguments which the parties themselves have not employed. Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256 (1975).
Concurring Opinion
concurring:
I concur in the result reached by the majority. I note also that this case presents a question of the constitutional right to confrontation, a question I discussed at greater length in dissent in Commonwealth v. Campbell, 244 Pa.Super. 505, 514, 368 A.2d 1299, 1303 (1976).
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Robert L. SEVILLE, Appellant
- Cited By
- 53 cases
- Status
- Published