COM. v. MARSHALL


273 Pa.Super. 344 (1979)

417 A.2d 681

COMMONWEALTH of Pennsylvania, Appellant, v. James Henry MARSHALL, III.

Superior Court of Pennsylvania.

Filed December 21, 1979.


Attorney(s) appearing for the Case

Stephen Harris, Assistant District Attorney, Doylestown, for Commonwealth, appellant.

Peter S. Thompson, Doylestown, for appellee.

Before HOFFMAN, EAGEN and HESS, JJ.


PER CURIAM:

On this appeal of the post-verdict court's grant of a new trial to appellee, the Commonwealth, as appellant, contends that: (1) appellee waived his right to challenge the trial court's failure to instruct the jury on involuntary manslaughter; (2) recent decisions of our Supreme Court requiring trial courts to instruct on involuntary manslaughter are inapplicable to the present case, and; (3) because...

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