Commonwealth v. Gayton

Citations

• 69 Pa. Super. 513
• 1918 Pa. Super. LEXIS 122

Syllabus

<p>Criminal law — Indictment—Several counts — Conviction under one count — Sentence.</p> <p>If there is sufficient evidence to sustain a conviction under one count in an indictment, and a sentence is imposed clearly within the law as applicable to the offense charged in such count, the conviction and sentence will be sustained, though the defendant may have been found guilty on another count which is unsupported by the evidence.</p> <p>Oriminal law — Assault and battery — Operation of motor car— Automobiles.</p> <p>A conviction of a person for assault and battery while operating an automobile, will be sustained where it appears from the evidence that the defendant, some distance before and up to the place of the accident drove his car at an unusually high rate of speed, zigzagged across the road, suddenly turned his car to the wrong side of the road, swerved into the ditch, and struck an obstruction which threw his ear in the path of an approaching car, from which a collision resulted, causing injuries to the occupants of the approaching car.</p> <p>In such a case, evidence as to the defendant being in an intoxicated condition is properly admissible.</p> <p>It is not error in such a case for the court to call the jury’s attention to the Act of July 7, 1913, P. L. 300, which fixes the rate of speed at which an automobile should be driven on a public highway, although a violation of the act may not of necessity be evidence of wantonness or recklessness.</p>