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COMMONWEALTH v. SMOKER

204 Pa.Super. 265 (1964)

Commonwealth v. Smoker, Appellant.

Superior Court of Pennsylvania.

September 17, 1964.

Attorney(s) appearing for the Case

John W. Beyer, with him Joseph J. Lombardo, and Arnold, Bricker, Beyer & Barnes, for appellant.

Theodore A. Parker, Assistant District Attorney, with him Wilson Bucher, District Attorney, for Commonwealth, appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY FLOOD, J., September 17, 1964:

The defendant was found guilty of involuntary manslaughter and the court below refused his motion to arrest judgment or grant a new trial. Mrs. Pennington was killed as a result of a head-on collision between the car in which she was riding and the car driven by the defendant which had crossed into the wrong lane. The defendant argues that there is no proof that he did an intentional act which constituted a crime; that proof...

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