Commonwealth v. Rose, 344 A.2d 824 (Pa. 1975). · Go Syfert
Commonwealth v. Rose, 344 A.2d 824 (Pa. 1975). Cases Citing This Book View Copy Cite
361 citation events (20 in the last 25 years) across 3 distinct courts.
Strongest positive: Com. v. Lange, D. (pasuperct, 2024-12-06)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Com. v. Lange, D.
Pa. Super. Ct. · 2024 · confidence medium
However, our Supreme Court has long stated that “[e]vidence of substantial intoxication ... [, i]f believed, [] may negate the intent to kill necessary for a conviction of murder in the first degree, and a defendant is entitled to an instruction to that effect.” Commonwealth v. Rose, 344 A.2d 824, 826 (Pa. 1975) (citation omitted).
discussed Cited as authority (rule) Com. v. Sargent, S.
Pa. Super. Ct. · 2022 · confidence medium
Our Supreme Court has long stated that “[e]vidence of substantial intoxication ... [, i]f believed, [] may negate the intent to kill necessary for a conviction of murder in the first degree, and a defendant is entitled to an instruction to that effect.” Commonwealth v. Rose, 344 A.2d 824, 826 (Pa. 1975) (citation omitted).
discussed Cited as authority (rule) Com. v. Torres-Plaza, J.
Pa. Super. Ct. · 2020 · confidence medium
However, as our Supreme Court has explained: “[e]vidence of substantial intoxication…[, i]f believed,…may negate the intent to kill necessary for a conviction of murder in the first degree[.]” Commonwealth v. Rose, 463 Pa. 264 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Com. v. Galvin, B.
Pa. Super. Ct. · 2019 · confidence medium
However, as our Supreme Court has explained: “[e]vidence of substantial intoxication . . . [, i]f believed, [] may negate the intent to kill necessary for a conviction of murder in the first degree, and a defendant is entitled to an instruction to that effect.” Commonwealth v. Rose, 344 A.2d 824, 826 (Pa. 1975); see also 18 Pa.C.S.A. § 308; Commonwealth v. Breakiron, 571 A.2d 1035, 1041 (Pa. 1990) (“Where the question of intoxication is introduced ____________________________________________ 3.
cited Cited as authority (rule) Com. v. Marsh, J.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Walter, 2004 PA Super. 147, 849 A.2d 265, 267 (2004) (citing Co'mmonwealth v. Rose, 463 Pa. Super. 264 , 344 A.2d 824, 825 (1975)).
discussed Cited as authority (rule) Com. v. Saita, J.
Pa. Super. Ct. · 2015 · confidence medium
The jury is free to believe all, part, or l1one of the evidence introduced at trial." C01mnonwealth v. Guest 456 A.2d 1345, 1347 (Pa.1983); Commonwealth v. Rose, 344 A.2d 824, 826 (Pa.1975); C01mnonwealth v. Verdekal, 506 A.2d 415, 419 (Pa.Super.1986).
cited Cited as authority (rule) Com. v. Carrington, K.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Walter, 2004 PA Super. 147, 849 A.2d 265, 267 (2004) (citing Commonwealth v. Rose, 463 Pa. Super. 264 , 344 A.2d 824, 825 (1975)).
cited Cited as authority (rule) Com. v. Mucci, J.
Pa. Super. Ct. · 2015 · confidence medium
CL 1991) (quoting Commonwealth v. Rose, 344 A.2d 824, 826 (Pa. 1975)); see, e.g.
cited Cited as authority (rule) Com. v. Headon, S.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Walter, 2004 PA Super. 147, 849 A.2d 265, 267 (2004) (citing Commonwealth v. Rose, 463 Pa. Super. 264 , 344 A.2d 824, 825 (1975)).
cited Cited as authority (rule) Com. v. Wagstaff, L.
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Walter, 2004 PA Super. 147, 849 A.2d 265, 267 (2004) (citing Commonwealth v. Rose, 463 Pa. Super. 264 , 344 A.2d 824, 825 (1975».
cited Cited as authority (rule) Com. v. Ledford, W.
Pa. Super. Ct. · 2014 · confidence medium
The fact finder is free to believe all, part, or none Commonwealth v. Rose, 344 A.2d 824, 826 (Pa. 1975).
cited Cited as authority (rule) Commonwealth v. Cruz-Centeno
Pa. Super. Ct. · 1995 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Widmer (2×)
Pa. Super. Ct. · 1995 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Feathers
Pa. Super. Ct. · 1995 · confidence medium
See also: Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975); Commonwealth v. Verdekal, 351 Pa.Super. 412, 419-420 , 506 A.2d 415, 419 (1986).
cited Cited as authority (rule) Commonwealth v. Butcher
Pa. Super. Ct. · 1994 · confidence medium
See also: Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975); Commonwealth v. Verdekal, 351 Pa.Super. 412, 419-420 , 506 A.2d 415, 419 (1986).
cited Cited as authority (rule) Commonwealth v. Wilson
Pa. Super. Ct. · 1994 · confidence medium
The fact finder is free to believe all, part, or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Nicotra
Pa. Super. Ct. · 1993 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Campbell
Pa. Super. Ct. · 1993 · confidence medium
See: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Groft
Pa. Super. Ct. · 1993 · confidence medium
See: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Loeper (2×)
Pa. Super. Ct. · 1993 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Shoup
Pa. Super. Ct. · 1993 · confidence medium
See also: Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975); Commonwealth v. Verdekal, 351 Pa.Super. 412, 419-420 , 506 A.2d 415, 419 (1986).
cited Cited as authority (rule) Commonwealth v. Battiato
Pa. Super. Ct. · 1993 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Weis
Pa. Super. Ct. · 1992 · confidence medium
Accord: Commonwealth v. Rose (II), 463 Pa. 264, 268-269 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Cozzone
Pa. Super. Ct. · 1991 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. McFadden
Pa. Super. Ct. · 1991 · confidence medium
The fact finder is free to believe all, part, or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264 [268], 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Purcell (2×)
Pa. Super. Ct. · 1991 · confidence medium
Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975); Commonwealth v. Verdekal, 351 Pa.Super. 412, 419-420 , 506 A.2d 415, 419 (1986).
discussed Cited as authority (rule) Commonwealth v. Mayfield (2×)
Pa. Super. Ct. · 1991 · confidence medium
The fact finder is free to believe all, part, or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Feflie (2×)
Pa. · 1990 · confidence medium
See also: Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Ariondo (2×)
Pa. · 1990 · confidence medium
See also: Commonwealth v. Guest, 500 Pa. 393, 396 , 456 A.2d 1345, 1347 (1983); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975); Commonwealth v. Croll, 331 Pa.Super. 107, 116-117 , 480 A.2d 266, 271 (1984).
cited Cited as authority (rule) Commonwealth v. Akers
Pa. · 1990 · confidence medium
See also: Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Hanes
Pa. · 1987 · confidence medium
“In exercising this prerogative, ‘the fact-finder is free to believe all, part, or none of the evidence.’ ” Commonwealth v. Arms, supra, 489 Pa. at 39 , 413 A.2d at 686 , quoting Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Cherpes
Pa. · 1987 · confidence medium
In response to this testimony and Cherpes’s claim that he did not sign the statement, we note that the “credibility of a witness is within the exclusive province of the fact finder. ‘The fact finder is free to believe all, part or none of the evidence.’ ” Commonwealth v. Kersten, 333 Pa.Super. 343, 351 , 482 A.2d 600, 603 (1984) (citing Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975)).
discussed Cited as authority (rule) Commonwealth v. Easley (2×)
Pa. · 1985 · confidence medium
It is well-established that the evidence is sufficient if "viewing the evidence in the light most favorable to the Commonwealth, and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime had been established beyond a reasonable doubt." Commonwealth v. Contakos, 492 Pa. 465, 468 , 424 A.2d 1284, 1286 (1981), quoting Commonwealth v. Rose, 463 Pa. 264, 267-68 , 344 A.2d 824, 825-26 (1975).
cited Cited as authority (rule) Commonwealth v. Kersten
Pa. · 1984 · confidence medium
“The fact-finder is free to believe all, part or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Mills
Pa. · 1984 · confidence medium
Commonwealth v. Robson, supra; Commonwealth v. Smith, supra. Commonwealth v. Rose, 463 Pa. 264, 267-78 , 344 A.2d 824, 825-56 (1975).
cited Cited as authority (rule) Commonwealth v. Sample
Pa. · 1983 · confidence medium
Commonwealth v. Davis, 466 Pa. 102, 113 , 351 A.2d 642, 647 (1976); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
cited Cited as authority (rule) Commonwealth v. Guest
Pa. · 1983 · confidence medium
“The factfinder is free to believe all, part, or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Newman
Pa. Super. Ct. · 1983 · confidence medium
Commonwealth v. Stockard, 489 Pa. 209, 213 , 413 A.2d 1088, 1090 (1980); Commonwealth v. Harper, 485 Pa. 572, 576-577 , 403 A.2d 536, 539 (1979); Commonwealth v. Rose, 463 Pa. 264, 267-268 , 344 A.2d 824, 826 (1975); Commonwealth v. Murray, 460 Pa. 605, 609 , 334 A.2d 255, 257 (1975); Commonwealth v. Glasco, 298 Pa.Super. 189, 192 , 444 A.2d 724, 726 (1982); Commonwealth v. Hankerson, 298 Pa.Super. 194, 196 , 444 A.2d 727, 728 (1982).
discussed Cited as authority (rule) Commonwealth v. Sawyer
Pa. Super. Ct. · 1982 · confidence medium
In Commonwealth v. Rose, 463 Pa. 264, 267-68 , 344 A.2d 824, 825-26 (1975), the Supreme Court stated: "The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime had been established beyond a reasonable doubt---Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced____ The fact-finder is free to bel…
discussed Cited as authority (rule) Commonwealth v. Lewis
Pa. Super. Ct. · 1982 · confidence medium
In Commonwealth v. Rose, 463 Pa. 264, 267-268 , 344 A.2d 824, 825-826 (1975), the Supreme Court stated: “The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime had been established beyond a reasonable doubt. . . .
examined Cited as authority (rule) Commonwealth v. Konz (4×)
Pa. · 1982 · confidence medium
See Commonwealth v. Yost, 478 Pa. 327 , 386 A.2d 956, 958-59 (1978); Commonwealth v. Rose, 463 Pa. 264, 267-68 , 344 A.2d 824, 825-26 (1975); Commonwealth v. Robson, 461 Pa. 615, 625 , 337 A.2d 573, 578 (1975).
discussed Cited as authority (rule) Commonwealth v. McFadden
Pa. Super. Ct. · 1982 · confidence medium
Commonwealth v. Davis, 466 Pa. 102, 113 , 351 A.2d 642, 647 (1978); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975); Commonwealth v. Smith, 457 Pa. 638, 641 , 326 A.2d 60, 61 (1974).
discussed Cited as authority (rule) Commonwealth v. Payne (2×)
Pa. Super. Ct. · 1982 · confidence medium
Commonwealth v. Stockard, supra; Commonwealth v. Tate, supra; Commonwealth v. Hinchcliffe, 479 Pa. 551, 556 , 388 A.2d 1068, 1071 , cert. denied 439 U.S. 989 , 99 S.Ct. 588 , 58 L.Ed.2d 663 (1978); Commonwealth v. Yost, 478 Pa. 327, 332 , 386 A.2d 956, 959 (1978); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Dumas
Pa. Super. Ct. · 1982 · confidence medium
In Commonwealth v. Rose, 463 Pa. 264, 267-68 , 344 A.2d 824, 825-26 (1975), our Supreme Court said: The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all the elements of the crime had been established beyond a reasonable doubt . ..
cited Cited as authority (rule) Commonwealth v. Glasco
Pa. Super. Ct. · 1982 · confidence medium
Commonwealth v. Stockard, 489 Pa. 209, 213 , 413 A.2d 1088, 1090 (1980); Commonwealth v. Rose, 463 Pa. 264, 267-268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Bellis
Pa. · 1981 · confidence medium
Commonwealth v. Yost, 478 Pa. 327, 332 , 386 A.2d 956, 958-959 (1978); Commonwealth v. Rose, 463 Pa. 264, 267-268 , 344 A.2d 824, 825-826 (1975); Commonwealth v. Robson, 461 Pa. 615, 625 , 337 A.2d 573, 578 (1975). 10 .
discussed Cited as authority (rule) Commonwealth v. Sudler (2×)
Pa. · 1981 · confidence medium
In exercising this prerogative, `[t]he fact-finder is free to believe all, part, or none of the evidence.' Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975)." Commonwealth v. Arms, 489 Pa. 35, 39 , 413 A.2d 684, 686 (1980).
cited Cited as authority (rule) Commonwealth v. Robinson
Pa. · 1981 · confidence medium
“The fact-finder is free to believe all, part, or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
discussed Cited as authority (rule) Commonwealth v. Contakos (2×)
Pa. · 1981 · confidence medium
The factfinder is free to believe all, part or none of the evidence.” Commonwealth v. Rose, 463 Pa. 264, 276-68 , 344 A.2d 824, 825-26 (1975) (Citations omitted).
cited Cited as authority (rule) Commonwealth v. Brown
Pa. Super. Ct. · 1980 · confidence medium
See e. g., Commonwealth v. Whack, 482 Pa. 137, 140 , 393 A.2d 417, 419 (1978); Commonwealth v. Rose, 463 Pa. 264, 268 , 344 A.2d 824, 826 (1975).
COMMONWEALTH of Pennsylvania
v.
Amos Paul ROSE, Appellant
100.
Supreme Court of Pennsylvania.
Oct 3, 1975.
344 A.2d 824
James M. McNamara, Public Defender, Doylestown,. for appellant., Stephen B. Harris, First Asst. Dist. Atty., Kenneth G. Biehn, Dist. Atty. of Bucks County, Doylestown, for appellee.
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino.
Cited by 180 opinions  |  Published

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Amos Paul Rose was convicted on May 30, 1972 in a jury trial of murder in the first degree and sentenced to life imprisonment. On direct appeal this Court reversed and remanded for a new trial. Commonwealth v. Rose, 457 Pa. 380, 321 A.2d 880 (1974). We held that the trial court erred in instructing the jury that the defendant bore the burden of proving intoxication sufficient to lower the crime from first to second degree murder.

On remand, appellant pled guilty to murder generally. At the degree of guilt hearing, the Commonwealth and the defense stipulated to certain evidence from the preceding trial. In addition, the defense presented expert testimony on the effect of defendant’s level of intoxication on his mental state at the time of the shooting. The court found appellant guilty of murder in the first degree and sentenced him to life imprisonment. This direct appeal ensued. [1] We affirm.

Appellant argues that the Commonwealth’s evidence is insufficient to prove beyond a reasonable doubt ah essential element of murder in the first degree, the intent to kill. [2] Specifically, he contends that the evidence of in[*267] toxication presented at the degree of guilt hearing is inconsistent with such a finding and requires reversal.

The evidence shows that at the time of the murder appellant’s blood alcohol content was approximately twenty-four hundredths of one percent. [3] The record contains testimony by two experts on the effect of such concentration on the appellant’s mental state. Dr. Frederick Rieders, a toxicologist called by the Commonwealth at the trial, stated that he could not express an opinion on the matter because the effect would vary depending upon the individual and the circumstances involved. He further stated that if a person is able to perform highly skillful tasks, which are not conditioned reflexes, then the depressive effect of alcohol has not gone to the point of preventing the “appropriate associated thinking processes.” Stanley J. Broskey, a forensic scientist called by the defense, took issue with this testimony, stating that any person thus intoxicated would be unable to form a specific intent to kill. There is also testimony concerning defendant’s actions before and after the shooting tending to show an awareness of his actions and of the circumstances of the shooting and an attempt to avoid detection.

The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences[*268] favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime had been established beyond a reasonable doubt. Commonwealth v. Robson, 461 Pa. 615, 625, 337 A.2d 573, 578 (1975); Commonwealth v. Boyd, 461 Pa. 17, 24, 334 A.2d 610, 613 (1975); Commonwealth v. Murray, 460 Pa. 605, 608, 334 A.2d 255, 257 (1975). Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. Commonwealth v. Robson, supra; Commonwealth v. Murray, supra; Commonwealth v. Smith, 457 Pa. 638, 326 A.2d 60, 61 (1974); Commonwealth v. Parquette, 451 Pa. 250, 257, 301 A.2d 837, 841 (1973). The fact-finder is free to believe all, part, or none of the evidence. Commonwealth v. Robson, supra; Commonwealth v. Smith, supra.

Evidence of substantial intoxication is submitted for the consideration of the fact-finder. If believed, it may negate the intent to kill necessary for a conviction of murder in the first degree, and a defendant is entitled to an instruction to that effect. Commonwealth v. Rose, supra; Commonwealth v. Duncan, 437 Pa. 319, 263 A.2d 345 (1970). However, such evidence creates no new presumption for the defendant and imposes no new burden on the Commonwealth. As with other defense evidence, the Commonwealth may offer any relevant evidentiary response that it chooses. In Rose we stated:

“[The burden to prove the specific intent to kill] is neither increased nor diminished by an attempt by a defendant to disprove the element of intent by a showing of lack of capacity, due to intoxication, to form such an intent. Whether the Commonwealth will, in a particular case, elect to carry that burden without introducing evidence to negate the existence of a disabling condition of intoxication, . . . will be for it[*269] to decide; as in every case, the risk of non-persuasion remains with the Commonwealth.”

457 Pa. at 389, 321 A.2d at 884.

Here, the Commonwealth introduced evidence to establish that appellant, despite his intoxicated state, had the intent to kill at the time of the shooting. There is clearly sufficient evidence to support such a finding of fact, and it is not for us to reweigh the evidence presented to the hearing court.

Judgment of sentence affirmed.

1

. Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. II, § 202(1), 17 P.S. § 211.202(1) (Supp.1975).

2

. Murder in the first degree includes any willful, deliberate, and premeditated killing. The intent to kill must be read to include[*267] all three of these requirements. Act of June 24, 1939, P.L. 872, § 701, as amended (formerly codified in 18 P.S. § 4701). Repealed by Act of December 6, 1972, P.L. 1641, No. 334 § 1. Reenacted as 18 P.S. § 2502 (Supp.1975).

3

. Appellant notes that this is more than twice the level established in the Vehicle Code to raise a presumption of being under the influence. See Act of April 29, 1959, P.L. 58, § 624.1(c)(3), as amended, 75 P.S. § 624.1(c)(3). However, the issue here is whether defendant was so intoxicated as to be unable to form an intent to kill. The Vehicle Code section may be a guide for understanding blood alcohol concentrations as it relates to one’s driving ability. It cannot be used to form a presumption of lack of intent to kill, an issue the legislature did not intent to address.