COMMONWEALTH v. WILCOX


468 Pa. 473 (1976)

364 A.2d 291

COMMONWEALTH of Pennsylvania v. Johnny WILCOX, Appellant.

Supreme Court of Pennsylvania.

Decided October 8, 1976.


Attorney(s) appearing for the Case

Roy H. Davis, Drexel Hill, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham Gafni, Philadelphia, for appellee.

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


OPINION OF THE COURT

PER CURIAM.

On July 15, 1974 Appellant was convicted by a jury of murder of the second degree, and subsequently sentenced to a term of imprisonment of not less than ten years nor more than twenty years. The basis of his appeal from the judgment is the refusal of the trial court to charge, as requested, on the elements of voluntary manslaughter. We agree with appellant that the court below was in error in refusing so to charge, and accordingly...

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