Commonwealth v. Whitman

The defendant, John P. Whitman, III, was indicted for the stabbing death of Kenneth Palma, the victim. The case was submitted to the jury with instructions on murder in the first degree, murder in the second degree, and voluntary manslaughter. The defendant was convicted of voluntary manslaughter. He was sentenced to a prison term of from sixteen to twenty years. He appealed and we granted the defendant’s application for direct appellate review.

*747The defendant makes three principal arguments on appeal: (1) the jury instructions violated due process by failing to state that the Commonwealth bore…