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COMMONWEALTH PENNSYLVANIA v. GEORGE J. GARNER (06/03/83)

filed: June 3, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE J. GARNER, SR., APPELLANT



No. 360 Harrisburg, 1981, Appeal from the Judgment of Sentence of December 7, 1981, in the Court of Common Pleas of York County, Criminal Division, at No. 507 CA 1980.

COUNSEL

C. William Costopolous, Lemoyne, for appellant.

Sheryl Ann Dorney, Assistant District Attorney, York, for Commonwealth, appellee.

Wickersham, Cirillo and Watkins, JJ. Cirillo, J., concurs in the result.

Author: Watkins

[ 314 Pa. Super. Page 568]

This is an appeal from the judgment of sentence of the Court of Common Pleas of York County, Criminal Division, by the defendant-appellant, George J. Garner, Sr., after conviction by a jury of attempted voluntary manslaughter and violation of the Uniform Firearms Act. Post-trial motions were argued and denied. This appeal followed.

On the morning of April 7, 1980 at about 6:00 a.m., the defendant went to the Turkey Hill Market locate at 2704 S. Queen St., York, PA where his wife, Catherine, was employed. An argument ensued and the defendant shot her several times.

The questions raised on this appeal are: (1) whether the crime of attempted voluntary manslaughter exists under Pennsylvania law; (2) whether the arrest of the defendant by the arresting officer was outside the limits of the officer's jurisdiction; and (3) defendant's claim of prosecutorial misconduct.

Section 901(a) 18 Pa.C.S.A. defines criminal attempt as follows:

"A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime."

The crime of voluntary manslaughter is defined in 18 Pa.C.S.A. 2503(a)(1) as follows:

"A person who kills an individual without lawful justification commits Voluntary Manslaughter if, at the time of the killing, he is acting under a sudden and intense passion resulting ...


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