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COMMONWEALTH PENNSYLVANIA v. MICHAEL G. COLE (10/05/78)

SUPREME COURT OF PENNSYLVANIA


decided: October 5, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
MICHAEL G. COLE, APPELLANT

No. 45 May Term, 1977, Appeal from the Judgments of Sentence of the Court of Common Pleas, Criminal Division, of Adams County, Pennsylvania, CC-41-76.

COUNSEL

Henry O. Heiser, III, Gettysburg, for appellant.

Oscar F. Spicer, Dist. Atty., for appellee.

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

Author: Per Curiam

[ 481 Pa. Page 61]

OPINION OF THE COURT

This is an appeal from appellant's conviction, by a jury, on two counts of third degree murder.*fn* Appellant has raised the following contentions:

(1) The trial court erred in excluding certain testimony of witnesses for appellant;

[ 481 Pa. Page 62]

(2) The trial court erred in limiting appellant's testimony;

(3) The trial court erred in granting the Commonwealth's motion to strike the testimony of a pharmacologist who testified on behalf of appellant;

(4) The element of "serious provocation," 18 Pa.C.S.A. ยง 2503(a) (1973), renders the voluntary manslaughter statute unconstitutionally vague;

(5) The trial court erred in allowing the Commonwealth to elicit from appellant testimony concerning prior misconduct;

(6) The trial court erred in allowing the Commonwealth on rebuttal to present other evidence of appellant's prior misconduct;

(7) The trial court erred in refusing to give certain of appellant's requested points for charge on voluntary manslaughter;

(8) The trial court erred in admitting into evidence two photographs of the crime scene.

As to the substance of appellant's sixth assignment of error, although waived, Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974), we find it also to be without merit. We have also considered appellant's other arguments and conclude that they, too, are without merit.

Judgments of sentence affirmed.


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