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COMMONWEALTH PENNSYLVANIA v. STEPHANIE HINSON A/K/A STEPHANIE JACKSON (07/05/79)

decided: July 5, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
STEPHANIE HINSON A/K/A STEPHANIE JACKSON, APPELLEE



No. 7 March Term, 1978, Appeal from the Order entered on December 16, 1977, in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, at No. CC7700104A. Mr. Justice ROBERTS filed an Opinion in Support of affirmance in which Mr. Justice O'Brien and Mr. Justice MANDERINO joins. Mr. Justice NIX filed an Opinion in Support of Reversal. Mr. Justice LARSEN filed an Opinion in Support of Reversal in which Mr. Chief Justice EAGEN joins.

COUNSEL

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Kathryn Lease Simpson, Asst. Dist. Attys., Pittsburgh, for appellant.

Paul D. Boas, Pittsburgh, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Roberts, J., filed an Opinion in Support of Affirmance in which O'Brien and Manderino, JJ., join. Nix, J., filed an Opinion in Support of Reversal. Larsen, J., filed an Opinion in Support of Reversal in which Eagen, C. J., joins.

Author: Per Curiam

[ 485 Pa. Page 627]

OPINION

The Court being equally divided; the order of the trial court is affirmed.

Opinion IN SUPPORT OF AFFIRMANCE

ROBERTS, Justice.

The post-verdict court, per Judge Popovich, correctly ruled that appellant is entitled to a new trial because despite appellant's request, the trial court did not instruct the jury on involuntary manslaughter. Commonwealth v. Smith, 474 Pa. 559, 379 A.2d 96 (1977); Commonwealth v. Garcia, 474 Pa. 449, 378 A.2d 1199 (1977) (Opinion of Roberts, J., joined by O'Brien and Manderino, JJ., announcing the judgment of the court). Accord, Commonwealth v. Bishop, 483 Pa. 401, 397 A.2d 405 (1979) (Dissenting Opinion of Roberts, J., joined by Manderino, J.); Commonwealth v. Dickson, 482 Pa. 517, 394 A.2d 442 (1978) (Dissenting Opinion of Roberts, J., joined by O'Brien and Manderino, JJ.); Commonwealth v. Terrell, 482 Pa. 303, 393 A.2d 1117 (1978) (Concurring Opinion of Roberts, J., joined by O'Brien, J.; Concurring Opinion of Manderino, J.); Commonwealth v. Thomas, 482 Pa. 292, 393 A.2d 1122 (1978) (Opinion in Support of Reversal of Roberts, J., joined by O'Brien, J.; Opinion in Support of Reversal of Manderino, J.); Commonwealth v. Dussinger, 478 Pa. 182, 386 A.2d 500 (1978); Commonwealth v. Polimeni, 474 Pa. 430,

[ 485 Pa. Page 628378]

A.2d 1189 (1977) (Concurring Opinion of Roberts, J., joined by O'Brien, J. Concurring Opinion of Manderino, J.); Commonwealth v. Ford, 474 Pa. 480, 378 A.2d 1215 (1977) (Concurring Opinion of Roberts, J., joined ...


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