COMMONWEALTH v. TIERNAN


455 Pa. 88 (1974)

Commonwealth v. Tiernan, Appellant.

Supreme Court of Pennsylvania.

January 24, 1974.


Attorney(s) appearing for the Case

Donald J. Goldberg, with him Edward F. Kane, for appellant.

William T. Nicholas, First Assistant District Attorney, with him J. David Bean and Stewart J. Greenleaf, Assistant District Attorneys, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE O'BRIEN, January 24, 1974:

Appellant, Henry W. Tiernan, Jr., was tried before a judge and jury and found guilty of voluntary manslaughter. Post-trial motions were denied and appellant was sentenced to a term of not less than two nor more than five years in a state correctional institution and ordered to pay a $1,000 fine. This appeal followed.

The Commonwealth presented its case through one Mrs. Margaret Garvin. She testified that between...

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