Commonwealth v. Johnson

*149Concurring and Dissenting Opinion by

Mr. Justice Chidsey:

I am in accord with, the reversal of the judgment of the court below and award of a new trial but solely for the reason that the instructions given in response to the jury’s request concerning the powers of the Board of Pardons constituted prejudicial and reversible error : Commonwealth v. Mills, 350 Pa. 478, 39 A. 2d 572. I disagree with the holding by the majority that the lower court erred in instructing the jury that their verdict must be either murder in the first degree or not guilty, and in admitting into evidence the photographs…