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COM. v. KOCH

297 Pa.Super. 350 (1982)

443 A.2d 1157

COMMONWEALTH of Pennsylvania v. Jay C. KOCH, III., Appellant.

Superior Court of Pennsylvania.

Filed April 2, 1982.

Petition for Allowance of Appeal Denied July 1, 1982.

Attorney(s) appearing for the Case

James H. Thomas, Lancaster, for appellant.

Edward F. Browne, Jr., Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Before CERCONE, President Judge, and SPAETH, HESTER, WICKERSHAM, BROSKY, JOHNSON, POPOVICH, DiSALLE and SHERTZ, JJ.

WICKERSHAM, Judge:

On September 19, 1979, appellant, Jay C. Koch, III., was found guilty by a jury of homicide by vehicle.1 Appellant's post-verdict motions were denied and appellant was sentenced to a two-year term of probation and fined $750.00 plus costs. This appeal followed.

The facts in the instant case may be summarized as follows. On February 4, 1979, at approximately 7:55 p.m., appellant was driving his 1966 Volkswagen...

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