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COM. v. BURT

490 Pa. 173 (1980)

415 A.2d 89

COMMONWEALTH of Pennsylvania, Appellant, v. Michael James BURT.

Supreme Court of Pennsylvania.

Decided May 30, 1980.

Attorney(s) appearing for the Case

Richard A. Hernan, Jr., Dist. Atty., William F. Morgan, James C. Blackman, Asst. Dist. Attys., Warren, for appellant.

John R. Gavin, Oil City, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Under section 3732 of the Vehicle Code,

"Any person who unintentionally causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic is guilty of homicide by vehicle, a misdemeanor of the first degree, when the violation is the cause of death."

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