Commonwealth v. McGrogan

Opinion by

Mr. Justice Roberts,

Appellant Robert E. McGrogan was tried by a jury in Allegheny County and found guilty of second degree murder. Post-trial motions were denied and he was sentenced to serve a term of not less than ten nor more than twenty years. Appellant’s sole contention in this direct appeal is that the tidal court erred in failing to instruct the jury on voluntary manslaughter. We affirm.

Appellant places principal reliance on the maxim that “[wjhere there is some evidence which would reduce the crime to voluntary manslaughter, defendant is entitled to have the jury instructed…