COM. v. LARK


482 Pa. 292 (1978)

393 A.2d 1112

COMMONWEALTH of Pennsylvania v. Nathaniel LARK, Appellant.

Supreme Court of Pennsylvania.

Decided October 6, 1978.

Reconsideration and/or Clarification Denied November 27, 1978.


Attorney(s) appearing for the Case

Zack, Myers & Atkinson, Nolan N. Atkinson, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Division, Philadelphia, for appellee.

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


ORDER

Messrs. Justice O'Brien, Roberts, and Manderino would reverse the judgment of sentence and grant a new trial because of the refusal of the trial judge to charge the jury on the law of voluntary manslaughter as requested by the defendant.

Messrs. Justice Nix, and Manderino would reverse the judgment of sentence and grant a new trial believing that an effective waiver was not established so as to permit the introduction...

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