COMMONWEALTH v. HARRIS


444 Pa. 515 (1971)

Commonwealth v. Harris, Appellant.

Supreme Court of Pennsylvania.

October 12, 1971.


Attorney(s) appearing for the Case

Nino V. Tinari, for appellant.

Milton M. Stein, Assistant District Attorney, with him Ivan Michaelson Czap, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, October 12, 1971:

In 1968, defendant-appellant, Eugene Harris, was convicted by a jury of voluntary manslaughter.

Early in the morning of April 1, 1968, Stanley Wybranski, a milkman, was shot and killed a few moments after he had delivered an order of milk to the unlocked vestibule of the first floor at an apartment house in Philadelphia. The apartment house has three floors, each of which houses tenants who use the front...

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