Opinion
September 26, 1972.
October 4, 1972.
Argued September 26, 1972. Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appeal, No. 46, March T., 1972, from judgment of Court of Common Pleas, Criminal Division, of Allegheny County, Sept. T., 1970, Nos. 6863 and 6864, in case of Commonwealth of Pennsylvania v. Robert Jones. Judgment vacated and record remanded for further consideration of post-trial motions.
Indictment charging defendant with murder and involuntary manslaughter. Before RIDGE, J.
Verdict of guilty of murder in second degree. Defendant's motions for new trial and in arrest of judgment denied and judgment of sentence entered. Defendant appealed.
J. Graham Sale, Jr., Assistant Public Defender, with him John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.
Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Judgment is vacated and the record is remanded to the trial Court for further consideration of the post-trial motions filed in that Court in light of Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972).