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COMMONWEALTH PENNSYLVANIA v. MELVIN DEBOSE (07/01/83)

decided: July 1, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
MELVIN DEBOSE, APPELLANT



No. 80-3-798, Appeal from the November 6, 1980, Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Imposed on Information No. 324, September Sessions, 1971.

COUNSEL

Donald C. Marino, Philadelphia (Court-appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Ronald Eisenberg, Philadelphia, for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Nix, J., filed a concurring opinion.

Author: Zappala

[ 501 Pa. Page 400]

OPINION OF THE COURT

Melvin DeBose appeals from a sentence of life imprisonment imposed following his conviction by a jury of first degree murder. Notice of this appeal was filed on November 12, 1980; therefore, this Court has jurisdiction under former 42 Pa.C.S.A. § 722(1), 1976, July 9, P.L. 586, No. 142, § 2, as amended 1978, April 28, P.L. 202, No. 53, § 10(4), (rewritten, 1980, Sept. 23, P.L. 686 No. 137 § 1 effective in 60 days).

DeBose raises numerous points of error which he argues require dismissal of the charges against him or a new trial.

[ 501 Pa. Page 401]

We have thoroughly examined the record and find that the trial court correctly decided each of these points in denying DeBose's post-trial motions, more than adequately explaining its reasoning in the Opinion of the Honorable John A. Geisz dated March 24, 1981. Only one of these issues merits further discussion.

DeBose argues that the trial judge erred in his charge to the jury on voluntary manslaughter. The judge charged the jury as follows:

Now, I'll give you the definition of voluntary manslaughter: Voluntary manslaughter is an offense embraced within the terms of the indictment in this case. ...


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