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COM. v. WARIN

484 Pa. 555 (1979)

400 A.2d 588

COMMONWEALTH of Pennsylvania v. Alan WARIN, Appellant.

Supreme Court of Pennsylvania.

Decided March 16, 1979.

Reargument Denied May 4, 1979.

Attorney(s) appearing for the Case

John C. Bonner, McTighe, Mullaney, Weiss, Bonner, Stewart & O'Neill, Norristown, for appellant.

Eric J. Cox, Asst. Dist. Atty., Ross Weiss, 1st Asst. Dist. Atty., James A. Cunningham, Ronald T. Williamson, Asst. Dist. Attys., Norristown, for appellee.

Before EAGEN, C.J., and O'BRIEN, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

NIX, Justice.

This is an appeal from a judgment of sentence entered upon a jury verdict finding appellant guilty of murder of the third degree.1 See 18 Pa.C.S.A. § 2502(c) (Supp. 1978-79). The dispositive issue before this Court is the propriety of the trial court's refusal to instruct the jury on the offense of involuntary manslaughter, id. § 2504...

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