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COMMONWEALTH v. McCUSKER

448 Pa. 382 (1972)

Commonwealth v. McCusker, Appellant.

Supreme Court of Pennsylvania.

Reargued April 27, 1972.

June 28, 1972.

Attorney(s) appearing for the Case

John J. Hickton and John M. Tighe, with them Dougherty, Larrimer, Lee & Hickton, for appellant.

Robert L. Eberhardt, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, June 28, 1972:

We must decide today whether psychiatric evidence is admissible in a murder prosecution for the limited purpose of determining whether a defendant acted in the heat of passion. We are persuaded by the almost unanimous voice of professionally recognized authorities1 that such evidence is competent and in certain circumstances admissible. Appellant did...

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