Commonwealth v. Stewart

OPINION OF THE COURT

POMEROY, Justice.

Appellant, David Lee Stewart, was convicted by a jury on March 15, 1974, of voluntary manslaughter. Post-trial motions were denied and appellant was sentenced to a term of imprisonment from three to six years. This appeal followed.1 For the reason hereafter given, we reverse the judgment of sentence and grant appellant a new trial.

The record discloses that on October 31, 1973, Stewart entered the Hill Recreational Center in Harrisburg, Pennsylvania, on his way home from work. At one of the pool tables in the recreational hall a crap game was in progress…