COM. v. AGNEW


263 Pa.Super. 424 (1979)

398 A.2d 209

COMMONWEALTH of Pennsylvania v. Lowell Mehaffey AGNEW, Appellant.

Superior Court of Pennsylvania.

Decided February 15, 1979.


Attorney(s) appearing for the Case

Leonard G. Ambrose, III, Erie, for appellant.

Robert S. Bailey, Assistant District Attorney, Meadville, for Commonwealth, appellee.

Before CERCONE, WIEAND and HOFFMAN, JJ.


HOFFMAN, Judge:

This case involves a motor vehicle accident in which the survivor, appellant Lowell Mehaffey Agnew, was convicted of involuntary manslaughter. He now appeals, contending that there was insufficient evidence to sustain the conviction. We agree that the Commonwealth has not proved the requisite mens rea for involuntary manslaughter, and, therefore, we vacate the judgment of sentence and order Agnew discharged.

Accepting as true all of...

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