Commonwealth v. Johnston

Opinion by

Mr. Justice Eagen,

Earl F. Johnston was tried before a jury in Northampton County on an indictment charging him with the murder of Charles Pittman, and was found guilty of *487voluntary manslaughter. After post-trial motions were denied and a prison sentence imposed, Johnston filed this appeal. We reverse because we conclude that the evidence was insufficient as a matter of law to sustain the conviction.

A brief summary of the pertinent evidence introduced at trial by the Commonwealth is as follows:

During the late afternoon of October 8, 1966, a group gathered for social purposes in a…