538 A.2d 1335 | Pa. | 1988
Lead Opinion
ORDER
The judgment of sentence imposed upon Appellant Franklin E. Safrit following the convictions of three counts of homicide by vehicle, 75 Pa.C.S. § 3732, and the summary offense under 75 Pa.C.S. § 3322 is vacated and the matter is remanded for a new trial. In Commonwealth v. Heck, 517 Pa. 192, 535 A.2d 575 (1987), we held that the minimum requirements of culpability set forth in 18 Pa.C.S. § 302(a) apply to the offense of homicide by vehicle. We note that the trial judge did not have the benefit of this Court's decision in Commonwealth v. Heck, supra, and that his charge reflected the language of appellate decisions at the time of the trial. The jury instructions in the instant case failed to inform the jury, however, that the Commonwealth
Concurrence Opinion
concurring.
I continue to believe that Commonwealth v. Heck, 517 Pa. 192, 535 A.2d 575 (1987), was wrongly decided. Nonetheless, I must agree that the decision in that case dictates a new trial in this case.