The Commonwealth appealed a lower court decision to dismiss a charge of homicide by vehicle against Ms. Barone. The Court considered the legal requirements for culpable negligence as defined in the Crimes Code and analyzed constitutional challenges to Section 3732. The court determined whether section 302(a) applies to section 3732 and whether the vehicular homicide provision requires a gross deviation from the required standard of care. The most relevant fact is that the Commonwealth failed to present evidence that Ms. Barone's conduct was a gross deviation from the standard of care that a reasonable person would observe in her situation.
Commonwealth v. Barone (1980)
Superior Court of Pennsylvania
276 Pa. Super. 282, 419 A.2d 457
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