COMMONWEALTH v. CARNES


165 Pa.Super. 53 (1949)

Commonwealth v. Carnes, Appellant.

Superior Court of Pennsylvania.

July 15, 1949.


Attorney(s) appearing for the Case

F. Joseph Thomas, with him Leo I. Shapiro, for appellant.

Raymond P. Shafer, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent.)


OPINION BY FINE, J., July 15, 1949:

John D. Carnes was convicted by a jury of involuntary manslaughter and the court below dismissed his motion for a new trial. The defendant now contends that the court below erred (1) in admitting evidence that defendant had been drinking beer prior to the accident; (2) in its charge regarding such evidence, and (3) in refusing him further inquiry into the competency of William Thomas Greene, an eye-witness aged eight years.

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