Commonwealth v. Coccodralli

Citations

• 74 Pa. Super. 324
• 1920 Pa. Super. LEXIS 149

Syllabus

<p>Criminal law — Aggravated assault and battery — Reckless driving of motor truck — Injuries to travelers.</p> <p>One who wilfully drives an automobile on the public streets, at a rate of speed or in a manner which involves a reckless disregard for the safety of other persons lawfully using the streets, and by so doing causes injuries to another, is guilty of aggravated assault and battery.</p> <p>On the trial of an indictment for aggravated assault and battery, a conviction will be sustained, where the evidence was sufficient to warrant a finding that the defendant had driven his motor truck along the street of a city, at a high rate of speed and in a manner which manifestly and necessarily imperiled the lives and limbs' of other persons lawfully using the street.</p> <p>The excessive rate of speed at which an automobile is driven is a product of the will of its driver and not the result of mere inattention or negligence. It is his voluntary act, and, as such, he is responsible for the result of his conduct and there is no legal reason why the crime of assault and battery may not be committed by driving an automobile on a public highway at a rate of speed which endangers the safety of others and actually results in sudh. injury.</p> <p>Assignments of error — Statement of questions involved.</p> <p>The purpose of the rule requiring the statement of the questions involved, as raised by the specifications of error, is to require that the questions to he considered shall he distinctly stated. To say that there is some question about the charge of the court, without stating what the question is, is not a proper compliance with the rule.</p>