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Commonwealth v. Barone

Pennsylvania Superior Court
419 A.2d 457 (1980)



While driving to work on a clear and dry morning, Theresa Barone (defendant) approached a stop sign located at an intersection of a busy street. Traffic was heavy. As Barone crossed the intersection to turn left, a motorcycle struck the right side of Barone’s vehicle, killing the operator. Barone was charged with a violation of § 3732 of the state’s motor vehicle code, which provided that any person who unintentionally caused the death of another person while engaged in a violation of state law or a municipal ordinance during the operation of a vehicle was guilty of homicide by vehicle, a first-degree misdemeanor punishable by up to five years imprisonment and a possible fine. Barone filed a motion to demurrer to the charge. The trial court granted Barone’s motion, holding that the evidence was insufficient to be heard by a jury. The Commonwealth of Pennsylvania appealed.

Rule of Law


Holding and Reasoning (Cercone, J.)

Concurrence (Spaeth, J.)

Dissent (Wieand, J.)

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