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COM. v. THARP

373 Pa.Super. 285 (1988)

541 A.2d 14

COMMONWEALTH of Pennsylvania v. David THARP, Appellant.

Supreme Court of Pennsylvania.

Filed May 5, 1988.

Attorney(s) appearing for the Case

Melissa L. Norton, Assistant Public Defender, Sunbury, for appellant.

David D. Noon, Assistant District Attorney, Sunbury, for Com., appellee.

Before CIRILLO, President Judge, and BROSKY and TAMILIA, JJ.

CIRILLO, President Judge:

This is an appeal from a judgment of sentence following the denial of appellant David Tharp's post-trial motions in arrest of judgment and for a new trial. He was convicted of permitting a violation of Title 75, the Motor Vehicle Code. We reverse.

At the end of their shift at 1:00 a.m. on October 26, 1985, David Tharp drove himself and a co-worker, Steven Scoviak, to a bar. Tharp's eyes were bothering him as a result of

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