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COMMONWEALTH v. JONES

457 Pa. 563 (1974)

Commonwealth v. Jones, Appellant.

Supreme Court of Pennsylvania.

Reargued April 24, 1973.

May 2, 1974.

Attorney(s) appearing for the Case

John R. Merrick, Public Defender, for appellant.

Michael Joseph Melody, Jr., First Assistant District Attorney, and William H. Lamb, District Attorney, for Commonwealth, appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, May 2, 1974:

The Court being equally divided, the judgment of sentence is affirmed.

Mr. Chief Justice JONES took no part in the consideration or decision of this case.

OPINION IN SUPPORT OF AFFIRMANCE BY MR. JUSTICE NIX:

This appeal questions the rule in this Commonwealth which permits the trial court to refuse a charge of voluntary manslaughter under a murder indictment where the evidence does not provide a basis for finding...

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