Commonwealth v. Barone

419 A.2d 457 (1980)

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Nature of the Case

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Facts

D was on route to her place of employment. The weather was clear and the roadways dry. As she approached the intersection, she observed a stop sign and initially obeyed its command to come to a complete stop. Traffic was heavy. D observed this traffic for approximately two to three minutes. D either failed to look to her right or misjudged the distance and rate of speed of the oncoming traffic and proceeded into the intersection. D's auto was struck by a motorcycle resulting in the motorcycle operator's death. Prior to impact D neither sounded her horn nor did she apply her brakes in an effort to avoid the collision. D was charged with a violation of §3732 of the state’s motor vehicle code. Section 3732 of the Motor Vehicle Code provides: Any person who unintentionally causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic is guilty of homicide by vehicle, a misdemeanor of the first degree, when the violation is the cause of death. The punishment was up to 5 years in prison. D demurred, and the trial court granted the motion stating that the evidence was insufficient. P appealed. P argues that the words of §3732 are precise and unambiguous.