Commonwealth v. Eichelberger
Commonwealth v. Eichelberger
Opinion of the Court
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,
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*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), aff'd, 476 Pa. 269, 382 A.2d 715 (1977).
The offense of homicide by vehicle is defined as follows:
Any person who unintentionally causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3731 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a misdemeanor of the first degree, when the violation is the cause of death.
75 Pa.C.S. § 3732. In Commonwealth v. Heck, 341 Pa.Super. 183, 491 A.2d 212 (1985), allocatur granted, 509 Pa. 535, 505 A.2d 251 (1986), a panel of this Court held that the statute could pass constitutional muster only if it were interpreted so as to require for conviction a degree of misconduct which rose to the level of criminal negligence.
When the evidence in the instant case is considered in the light most favorable to the Commonwealth, which won the verdict, it is readily apparent that it was sufficient to support the trial court’s finding that Eichelberger had violated the statutory provisions requiring that he operate his vehicle on the right side of the roadway. See: 75 Pa.C.S. §§ 3301, 3302. The law is uniformly clear, moreover, that
Eichelberger testified that his vehicle crossed the center line and entered the lane of travel for oncoming vehicles because he had temporarily taken his eyes from the road ahead in order to look in the rear view mirror after hearing a noise behind him. The credibility and weight of this explanation were for the trier of the facts, in this case the trial judge, who could believe some, all, or none of it. So also, it was for the fact finder to determine whether Eichel-berger’s explanation, if believed, was sufficient to rebut the inference of criminal negligence arising from evidence that he had violated the rules of the road by allowing his vehicle to cross the center line of the roadway where it collided with oncoming vehicles. In weighing Eichelberger’s conduct to determine whether he was guilty of criminal negligence, the trier of the facts could also consider Eichelber-ger’s lack of sleep and his consumption of alcohol prior to
Because the trial court arrested judgment on the verdict finding Eichelberger guilty of homicide by vehicle, it did not consider the motion for new trial in which Eichelberger contended, for reasons therein stated, that the verdict was contrary to the weight of the evidence. Therefore, we will remand to permit the trial court to consider his motion for new trial.
The order arresting judgment is reversed, and the case is remanded for determination of appellee’s motion for new trial. Jurisdiction is not retained.
. 18 Pa.C.S. § 2504.
. 75 Pa.C.S. § 3731.
. 75 Pa.C.S. § 3732.
. 75 Pa.C.S. § 3735.
. The summary offenses were (1) driving an unregistered vehicle, in violation of 75 Pa.C.S. § 1301, and (2) meeting a vehicle proceeding in the opposite direction, in violation of 75 Pa.C.S. § 3302.
. But see: Commonwealth v. Field, 490 Pa. 519, 417 A.2d 160 (1980); Commonwealth v. Houtz, 496 Pa. 345, 437 A.2d 385 (1981).
. Eichelberger testified that he had slept intermittently and not well for four and one-half hours on the previous night. An intoxilyzer test administered to Eichelberger following the accident revealed a blood alcohol content of .09 percent.
Concurring Opinion
concurring:
Though agreeing with the majority’s disposition of this case, I write separately to additionally note that the trial court acted outside the scope of its authority in granting appellee’s motion to arrest judgment of sentence on the vehicular homicide conviction. In Commonwealth v. Gaither, 355 Pa.Super. 502, 513 A.2d 1034 (1986), this Court stated:
It is clear that a trial judge has no more authority over a verdict in a non-jury trial than he does over a jury verdict. Following the recording of a verdict in a non-jury trial, the trial judge is limited to a consideration of post-verdict motions in arrest of judgment or the granting of a new trial. In a motion for an arrest of judgment, the trial judge cannot alter the verdict based upon a redetermination of credibility or a re-evaluation of the evidence.
Id., 355 Pa.Superior Ct. at 504, 513 A.2d at 1035 (citations omitted) (emphasis added).
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellant, v. Robert Scott EICHELBERGER, Appellee
- Cited By
- 13 cases
- Status
- Published