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COMMONWEALTH v. JOHNSTON

438 Pa. 485 (1970)

Commonwealth v. Johnston, Appellant.

Supreme Court of Pennsylvania.

March 20, 1970.

Attorney(s) appearing for the Case

Lewis Tanner Moore, for appellant.

John E. Gallagher, Assistant District Attorney, with him Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE EAGEN, March 20, 1970:

Earl F. Johnston was tried before a jury in Northampton County on an indictment charging him with the murder of Charles Pittman, and was found guilty of voluntary manslaughter. After post-trial motions were denied and a prison sentence imposed, Johnston filed this appeal. We reverse because we conclude that the evidence was insufficient as a matter of law to sustain the conviction...

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