Commonwealth v. Myers

POPOVICH, Judge:

The Commonwealth asks us to review the order of the Court of Common Pleas of Mifflin County granting the defendant/appellee, Samuel Myers, a new trial pursuant to the Post-Conviction Relief Act. 1 We reverse.

On July 19, 1983, the defendant was charged with murder and aggravated assault in the shooting death of one Robert Walters. 2 At the completion of the case, the court instructed the jury that three types of murder were involved: first degree, third degree and voluntary manslaughter. The court explained to the jury, as herein relevant, the elements of the offenses; to-wit:

'I…