OPINION BY MR. CHIEF JUSTICE DREW, January 7, 1952:
Defendant, B.J. Johnson, was indicted in Philadelphia for murder. At the trial, following the deliberation by the jury, the verdict, as announced by the foreman, was guilty of involuntary manslaughter. Defendant then moved for his discharge on the ground that a conviction for involuntary manslaughter cannot stand where the only charge is murder. The trial judge then stated: "It was voluntary manslaughter that I submitted...
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