COM. v. DRAXINGER


345 Pa.Super. 554 (1985)

498 A.2d 963

COMMONWEALTH of Pennsylvania v. Joseph M. DRAXINGER, Appellant.

Supreme Court of Pennsylvania.

Filed September 27, 1985.


Attorney(s) appearing for the Case

Alan D. Levy, Pittsburgh, for appellant.

Kemal A. Mericli, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Before BROSKY, ROWLEY and FEENEY, JJ.


BROSKY, Judge:

This case is before us on appeal from judgment of sentence imposed following appellant's conviction of voluntary manslaughter. Appellant argues that the trial court erred in refusing his timely request to charge the jury on involuntary manslaughter, and in precluding appellant from proceeding with a defense of diminished mental capacity. We agree that the trial court erred in refusing to charge the jury on involuntary manslaughter, and we therefore...

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