Thomas D. Watkins, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Jr., Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., John H. Isom, Asst. Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty. for Law, Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Pomeroy, J., filed a concurring opinion in which Jones, C. J., and Eagen, O'Brien and Nix, JJ., join.
Appellant Barry Hilton was convicted, after trial before a jury, of voluntary manslaughter for the shooting death of John Aikens. Following denial of post-trial motions,*fn1 this appeal ensued.*fn2 We affirm.
The facts of this case are ably summarized in the opinion of the trial court denying appellant's post-trial motions:
"The defendant resided, with his mother, June Jenkins, and his step-father, Elway Jenkins, at 803 North 43rd Street, Philadelphia, Pennsylvania. On Saturday evening of May 6, 1972, Mr. and Mrs. Jenkins were entertaining several people in their home. Early in the evening the decedent, John Aikens and a friend of his, Harry Taylor, entered the premises. An argument arose concerning the refusal of the Jenkins' to serve a drink to Mr. Taylor. Despite the requests of Mr. Jenkins,
the decedent, Aikens, and Mr. Taylor refused to leave and the defendant was awakened and asked to come downstairs to eject them, which he did.
"While it was not clear how many more times the decedent and his friend sought to gain entrance to the Jenkins' house, it is clear that they entered the house on at least one more occasion later that evening. This time they were put out by a guest in the house. Before being ejected this time, Harry Taylor made a statement that could be construed as a threat to the occupants of the house, to the effect, that he had something for them in his car. At least once and possibly twice more the decedent and his friend attempted unsuccessfully to gain entrance to the Jenkins' house. While the two men were outside the house this last time the defendant observed them through the window of his second floor front bedroom and getting his gun he fired one shot in their direction."
Decedent was struck in the right side of the head and died instantly.
Two of the issues appellant raises here have not been preserved for appellate review. First, he argues that the trial court erred in refusing two of appellant's requested jury instructions on self-defense and defense of ...