¶1Dissenting Opinion by
¶2Appellee, David Greer, was charged with involuntary manslaughter arising from the death of a passenger in his automobile. The accident occurred at approximately 11:20 p.m. on the night of June 2, 1972. At the conclusion of the Commonwealth’s case, the trial court sustained a demurrer; and this is an appeal taken by the Commonwealth from the granting of that motion.
¶3The law in this Commonwealth is well established that the test to be applied upon consideration of a defense demurrer is whether the Commonwealth’s evidence and *451all reasonable inferences therefrom are sufficient to support a verdict of guilty of the crime under consideration. Commonwealth v. Carroll, 443 Pa. 518, 278 A.2d 898 (1971).
¶4Considering the Commonwealth’s case in this light, the evidence establishes that appellee was driving an automobile in which the decedent was riding as a passenger in the front seat. Two young ladies were riding in the back seat. Two blocks prior to the accident, appellee had stopped at a red light, pulled his automobile to the right of an automobile going in the same direction and was stopped at the red light. When the light changed to green, the appellee passed the other automobile on the right-hand side, but failed to properly negotiate a narrowing of the roadway from two to one lane on the approach to the California Avenue bridge. His automobile hit the bridge abutment and perhaps swerved to the other side of the bridge and again hit the abutment before ending crossway on the bridge. The decedent was thrown from the automobile and died a few days later from his injuries. The night was dark and the roadway was wet although it was not raining at the time of the accident. Walter Johnson, the driver of the passed automobile, testified that appellee’s car “... was going fast.” (NT-29) Mr. Johnson at the preliminary hearing estimated appel-lee’s speed at 40 m.p.h. Immediately after the accident, appellee gave a statement to the investigating police officers that he was going 45 m.p.h. One of the young ladies, Christine Garrity, testified “We were going fast.” (NT-18) The speed limit at the stop light was 30 m.p.h.; and on the approach to the bridge, the speed limit was 35 m.p.h.
¶5The majority, relying principally on Commonwealth v. Clowser, 212 Pa. Superior Ct. 208, 239 A.2d 870 (1968), and Commonwealth v. Busier, 445 Pa. 359, 284 A.2d 783 (1971), holds that not every violation of law or unlawful act in the operation of a motor vehicle will *452render an operator criminally responsible for deaths which may result and that a driver, to be criminally responsible, must evidence a disregard of human life or an indifference to consequences. This bears out this Commonwealth’s increasing awareness that a conviction for involuntary manslaughter must show some degree of culpable behavior or reckless disregard for the safety of others to sustain a conviction. Both of the cases principally relied upon by the majority were reversed after conviction on the grounds that the evidence was insufficient and neither of the cases involved the granting of a demurrer. These cases correctly state the present law of this Commonwealth, however, I do not find them persuasive or controlling in the disposition of this appeal.
¶6In Commonwealth v. Clowser, supra,the only evidence presented by the Commonwealth was the appellant’s failure to yield where he had a stop sign, and this court held that there was no evidence that this violation occurred recklessly or carelessly. In Commonwealth v. Busler, supra,the Supreme Court found from the evidence presented that there were no violations of the Motor Vehicle Code, nor any evidence of wanton or reckless conduct.
¶7In the case here before us, testimony would support a finding that the appellee was driving in excess of the speed limit posted in the vicinity of the accident, that he was driving too fast for the existing conditions, that he illegally passed another vehicle on the right-hand side of the road and possibly, because of some confusing testimony about the other car’s bumper not being fully out of the lane in which he was attempting to pass (NT-23), changing lanes without giving proper consideration to other traffic. This evidence would, to me, support a verdict of guilty of the crime of involuntary manslaughter since it would evidence a departure from prudent conduct which was a disregard of human life or an indifference to consequences.
¶8*453I would, therefore, reverse the granting of the demurrer and remand the case for trial.
¶9Spaeth, J., joins in this dissenting opinion.