Appeal No. 374 January Term, 1975, from the Judgment of Sentence Imposed by Court of Common Pleas, Criminal Division, Berks County, Pennsylvania, to No. 306b of 1973; W. Richard Eshelman, Judge.
Leonard J. Gajewski, Reading, for appellant.
Grant E. Wesner, Deputy Dist. Atty. for Law, C. M. Guthrie, Reading, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Manderino, J., files a dissenting opinion. Jones, former C. J., did not participate in the decision of this case.
Judgment of sentence affirmed.
MANDERINO, Judge, dissenting.
Appellant Douglass Jesse Jackson was tried before a jury in the Court of Common Pleas, Berks County, on charges arising from the robbery-shooting death of one Eugene Stief. He was convicted of voluntary manslaughter. Following denial of post-verdict motions, sentence of 5-10 years imprisonment was imposed. This direct appeal followed.
Summarized briefly, the record establishes that two men entered the victim's store on the evening of October 27, 1972. One was armed with a rifle and the other with a pistol. During the course of the robbery the proprietor was mortally wounded. A third man, appellant, drove the others to and from the scene and remained outside in his automobile during the incident. Two of the perpetrators were apprehended by police and subsequently implicated appellant.
Appellant Jackson was arrested at approximately 11:00 P.M., November 7, 1972. He was transported to the office of the Chief of Detectives and informed that he had been implicated in the armed robbery. Appellant then ...