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COM. v. STEWART

483 Pa. 176 (1978)

394 A.2d 968

COMMONWEALTH of Pennsylvania v. David Lee STEWART, Appellant.

Supreme Court of Pennsylvania.

Decided November 18, 1978.

Attorney(s) appearing for the Case

Carl G. Wass, Harrisburg, for appellant.

Marion E. MacIntyre, Second Asst. Dist. Atty., Harrisburg, for appellee.

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

OPINION OF THE COURT

POMEROY, Justice.

Appellant, David Lee Stewart, was convicted by a jury on March 15, 1974, of voluntary manslaughter. Post-trial motions were denied and appellant was sentenced to a term of imprisonment from three to six years. This appeal followed.1 For the reason hereafter given, we reverse the judgment of sentence and grant appellant a new trial.

The record discloses that on October 31, 1973, Stewart...

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