COMMONWEALTH v. MILLER


473 Pa. 398 (1977)

374 A.2d 1273

COMMONWEALTH of Pennsylvania v. Henry B. MILLER, Appellant.

Supreme Court of Pennsylvania.

Decided July 8, 1977.


Attorney(s) appearing for the Case

John H. Chronister, Public Defender, York, for appellant.

Donald L. Reihart, Dist. Atty., York, for appellee.

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


OPINION

PER CURIAM.

Appellant, who had been convicted upon a guilty plea, seeks a new trial to reduce murder in the first degree to voluntary manslaughter. He asks that the Court change the law so as to substitute a subjective test rather than an objective test in determining whether there was "serious provocation".

After the court below gave consideration to psychiatric evidence it concluded that the objective standard had to be used,

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