COM. v. NEISWONGER


338 Pa.Super. 625 (1985)

488 A.2d 68

COMMONWEALTH of Pennsylvania v. Alan D. NEISWONGER, Appellant.

Supreme Court of Pennsylvania.

Filed February 1, 1985.


Attorney(s) appearing for the Case

Raymond H. Bogarty, Assistant Public Defender, Pittsburgh, for appellant.

James P. Epstein, Assistant District Attorney, Sharon, for Commonwealth, appellee.

Before SPAETH, President Judge, and BROSKY and OLSZEWSKI, JJ.


OLSZEWSKI, Judge:

In this case, appellant contests the admission into evidence of the opinion testimony of a police officer. The officer testified at a jury trial that, in his opinion, appellant was under the influence of alcohol "to a degree that rendered him incapable of safe driving." Appellant was convicted; the trial court denied appellant's motion for reconsideration of sentence, which was based on the theory that the testimony was inadmissible. We agree with...

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