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COMMONWEALTH PENNSYLVANIA v. ROOSEVELT WARD (10/05/78)

decided: October 5, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
ROOSEVELT WARD, APPELLANT



No. 443 January Term, 1976, Appeal from the judgment of sentence of the Court of Common Pleas of Lehigh County - Criminal, No. 1068 - 1974.

COUNSEL

William H. Platt, Public Defender, Thomas A. Wallitsch, Allentown, for appellant.

James Knoll Gardner, Asst. Dist. Atty., Allentown, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.

Author: Per Curiam

[ 481 Pa. Page 511]

OPINION

This is a direct appeal from a conviction of voluntary manslaughter in which the following contentions have been raised:

(a) Since "no aggravating circumstances" were alleged in the indictment the Commonwealth improperly attempted to suggest on voir dire that it was seeking the death penalty;

[ 481 Pa. Page 512]

(b) That the court erred in stating to the jury, in its opening remarks, that they (the jury) should not concern themselves with the penalty;

(c) That the court erred in discussing in the charge its view of the legislative intent of section 1311(b), 18 Pa.C.S.A. 1311(b) (Supp.1978-79);

(d) That the trial court erred in its charge on the duty to retreat;

(e) That the trial court erred in restricting the defense in developing the ...


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