Opinion

Commonwealth v. Brown

  • 229 Pa. Super. 156
  • 323 A.2d 345
  • 1974 Pa. Super. LEXIS 2169
Court
Superior Court of Pennsylvania
Filed
Jun 21, 1974
Status
Published
Author
Spaeth
On the bench
Spaeth, Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth
Cited by
2 cases

The opinion

Dissenting Opinion by

Spaeth, J.:

It seems likely that the trial judge believed that the evidentiary effect to be given a breathalyzer reading of .10 or greater is to shift the burden of proof onto the defendant. Otherwise he would not have asked, “[D]oes [the defendant’s explanation] once more bring him back under the shield of the presumption of innocence?” On the other hand, he also said that the presumption of innocence “remains with the defendant throughout the trial of the case until the jury finds him guilty, finds he has been proved guilty beyond a reasonable doubt.” This suggests the burden of proof does not shift. I would reverse, because if we find the charge lacking in clarity, the jury must have too.

Jacobs, J., joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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