Commonwealth v. Ward

393 A.2d 21, 481 Pa. 510, 1978 Pa. LEXIS 1006

• Court: Supreme Court of Pennsylvania
• Decided: October 5, 1978
• Docket: No. 443
• Status: Published

Opinion

OPINION

PER CURIAM.

This is a direct appeal from a conviction of voluntary manslaughter in which the following contentions have been raised:

(a) Since “no aggravating circumstances” were alleged in the indictment the Commonwealth improperly attempted to suggest on voir dire that it was seeking the death penalty;

(b) That the court erred in stating to the jury, in its opening remarks, that they (the jury) should not concern themselves with the penalty;

(c) That the court erred in discussing in the charge its view of the legislative intent of section 1311(b), 18 Pa.C.S.A. 1311(b) (Supp.1978-79);

(d) That the trial court erred in its charge on the duty to retreat;

(e) That the trial court erred in restricting the defense in developing the disposition of the victim;

(f) That the trial court improperly permitted the admission of a prior conviction for larceny of appellant for impeachment purposes.

We have reviewed these issues and find them to be without merit.

Judgment of sentence affirmed.