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COMMONWEALTH v. KAMINSKY

434 Pa. 38 (1969)

Commonwealth v. Kaminsky, Appellant.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

J.J. Dean, with him Anthony C. Troiano and Daniel T. Zamos, for appellant.

Carol Mary Los, Assistant District Attorney, with her Charles B. Watkins, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE ROBERTS, April 23, 1969:

Appellant was found guilty by a jury of voluntary manslaughter in the death of his wife. The only ground raised for reversal on this appeal involves an alleged error in the charge to the jury as to the burden of proof for manslaughter. The trial judge instructed the jury "Now where it is proved the defendant has committed the deed, the burden is on the defendant to reduce the crime from Murder to Manslaughter." On

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