Commonwealth v. Cave

Dissenting Opinion by

Jacobs, J.:

I respectfully dissent. No effort was made at the trial to show that the appellant was driving under the influence of intoxicating liquor at the time of the collision. The officer’s testimony that appellant was in a bar and had consumed several beers immediately prior to the collision was irrelevant and highly prejudicial. When appellant objected to the testimony it should have been stricken and the jury told to ignore it. I would grant a new trial on the authority of Fisher v. Dye, 386 Pa. 141, 125 A. 2d 472 (1956), and Morreale v. Prince, 436 Pa. 51, 258 A. 2d 508 (1969).