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COMMONWEALTH PENNSYLVANIA v. JUAN COLON (06/05/79)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 5, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
JUAN COLON, APPELLANT

No. 65 Special Transfer Docket, Appeal from Judgment of Sentence of Court of Common Pleas, Criminal, County of Lancaster, at No. 3247, 1975

COUNSEL

Wayne G. Hummer, Jr., Lancaster, for appellant.

John A. Kenneff, Assistant District Attorney, Lancaster, for Com., appellee.

Hoffman, Eagen and Hess, JJ.*fn*

Author: Per Curiam

[ 266 Pa. Super. Page 542]

Appellant, Juan Colon, appeals from the judgment of sentence imposed following his conviction of voluntary manslaughter by a jury in Lancaster County. We reverse.

At trial the court refused a request to charge the jury on the elements of involuntary manslaughter although, under the evidence, such a verdict would be warranted. This was error. Commonwealth v. Ford, 474 Pa. 480, 378 A.2d 1215

[ 266 Pa. Super. Page 543]

(1977). The Commonwealth complains that the requested point for charge, when read in its entirety, was incorrect and hence the court properly disregarded it. While the submitted point for charge included legally incorrect surplusage, the request was sufficient to put the court on notice of the need to charge on involuntary manslaughter. Cf. Commonwealth v. Mitchell, 460 Pa. 665, 334 A.2d 285 (1975).


*fn* Chief Justice Michael J. Eagen of the Supreme Court of Pennsylvania and Judge Warren K. Hess of the Court of Common Pleas of Berks County, Pennsylvania, are sitting by designation.


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