379 A.2d 1055 | Pa. | 1977
ORDER
In September of 1972, appellant was found guilty of murder in the first degree as the result of the killing of one Theodore Roberts in the City of Philadelphia on November 9, 1971. Motions for a new trial and in arrest of judgment were filed and heard by a court en banc. The motions were denied and appellant was sentenced to life imprisonment. This direct appeal followed.
Appellant raises three grounds in support of his claim for relief. First, he assigns the trial judge’s refusal to charge the jury on voluntary manslaughter upon his request. The
Mr. Justice O’BRIEN, Mr. Justice ROBERTS and Mr. Justice MANDERINO would reverse the judgment of sentence and award a new trial because of the trial judge’s failure to charge the jury on voluntary manslaughter. Mr. Justice POMEROY would reverse the judgment of sentence and grant a new trial on the court’s refusal to charge the jury as to the issue of voluntary intoxication.
. The jurisdiction of this Court over the instant appeal is found in the Act of July 31, 1970, P.L. 673, art. II, § 202(1), 17 P.S. § 211.202(1) (Supp. 1976-77).
. Mr. Justice ROBERTS and Mr. Justice MANDERINO would also grant relief on this ground.