In True v. Com., 90 Ky. 651, 14 S.W. 684, 685, 12 Ky. Law Rep. 594, this court disapproved of an aiding instruction which told the jury that the defendant should be found guilty if "he approved of or consented to" the murder, instead of making his guilt depend upon his presence aiding, encouraging or abetting.Summary of this case from Moore v. Commonwealth
Argued October 26, 1983.
Decided November 4, 1983.
Appeal No. 107 E.D. Appeal Docket, 1982, from Order of Superior Court at No. 1804 Philadelphia, 1981, entered August 13, 1981, affirming Order of Court of Common Pleas of Delaware County at No. SA 130-1981, entered June 29, 1981, John V. Diggins, Judge.
David E. Auerbach, Media, Donald A. Browns, Aston, for appellant.
D. Barry Gibbons, Media, for appellee.
Before ROBERTS, C.J., and LARSEN, FLAHERTY, HUTCHINSON and ZAPPALA, JJ.
The appeal is dismissed 303 Pa. Super. 601, 450 A.2d 199 as having been improvidently granted.
NIX and McDERMOTT, JJ., did not participate in the consideration or decision of this case.