Criminal Law — Operating motor vehicle while under the influence of intoxicating liquor — Evidence — Sufficiency — Burden of proof of Commonwealth — Necessity of expert medical opinion.
On appeal by defendant following conviction and sentence on an indictment charging him with operating a motor vehicle while under the influence of intoxicating liquor, in which it appeared that the court below, finding that the verdict was amply supported by the weight of the evidence and holding that the Commonwealth was not required to show that defendant was intoxicated or unable to drive his automobile safely but only to prove beyond a reasonable doubt that defendant was operating a motor vehicle while under the influence of intoxicating liquor and that expert medical opinion was not required to sustain the conviction, dismissed defendant's motions for a new trial and in arrest of judgment, it was Held that the judgment of the court below should be affirmed.
Argued September 19, 1961.
OPINION PER CURIAM, November 16, 1961:
The judgment of the Court of Quarter Sessions of Bucks County is affirmed on the opinion of Judge EDWIN H. SATTERTHWAITE for the court below, reported at 26 Pa. D. C. 2d 225.