Commonwealth v. Phillips

• Decision Date: 19 July 1951
• Citation: 82 A.2d 587,169 Pa.Super. 64
• Parties: COMMONWEALTH v. PHILLIPS.
• Court: Pennsylvania Superior Court

82 A.2d 587

169 Pa.Super. 64

COMMONWEALTH v. PHILLIPS.

Superior Court of Pennsylvania.

July 19, 1951

Spiros G. Phillips was convicted in the Court of Quarter Sessions of the Peace for the County of Northampton at No. 59, February Term, 1950, Woodring, J., of operating a motor vehicle while under the influence of intoxicating liquor, and he appealed. The Superior Court, No. 119, October Term, 1951, Arnold, J held that evidence sustained conviction for operating motor vehicle while under influence of intoxicating liquor.

Judgment affirmed.

Irving W. Coleman, Martin A. Kutler Northampton, for appellant.

Jacob A. Raub, Dist. Atty., John B. O'Brien, George Weitzman Asst. Dist. Attys., Easton, for appellee.

Before RHODES, P. J., and HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

ARNOLD Judge.

Defendant appeals from a conviction of operating a motor vehicle while under the influence of intoxicating liquor. Two state patrolmen found the defendant sleeping while seated behind the wheel of his automobile, which was parked at the edge of the highway. When the officers opened the door of the car there was a strong odor of alcohol. They finally succeeded in arousing him. His eyes were glazed, his face was flushed, his speech was thick, and he had an alcoholic breath. When asked to produce his license he did not seem to understand, but after some difficulty complied. The officers told him to ‘ sleep it off.’ Instead of so doing the defendant drove away and was apprehended. The officers observed that he staggered; and he was unable to perform balance and co-ordination test. He was taken to a doctor who, after examination and tests, pronounced him under the influence of liquor. He admitted he had ‘ a few drinks.’ He denied that he was unable to drive, and attributed his staggering to defective feet, but at the trial produced no medical evidence to that effect.

Defendant alleges there was insufficient evidence that he was under the influence of liquor. This contention is overruled without discussion. There was ample evidence from which the jury could infer, as would most reasonable persons, that he was under the influence of liquor. Cf. Commonwealth v. Kohl, 164 Pa.Super. 630, 67 A.2d 451; Commonwealth v. Long, 131 Pa.Super. 28, 198 A. 474; Commonwealth v. Buoy, 128 Pa.Super. 264, 193 A. 144.

When the officers took the defendant before a doctor he wanted to have his own physician summoned from a distance of some 25 miles and to be present at the examination. The officers, properly, refused to defer the examination for such a time,-when some of the effect of the defendant's drinking would have worn off. It is alleged that the defendant was denied his constitutional rights in that the due process clause was violated. It is palpable that no constitutional rights of the defendant were invaded by reason of the officers' refusal to delay the examination 40 to 50 minutes.

The defendant admits that the original charge of the court was unimpeachable; but...