Commonwealth v. Garcia

The issue raised in this appeal is whether an individual charged with murder and voluntary manslaughter has a right to have the jury consider the charge of involuntary manslaughter as a possible verdict. The majority concludes that a defendant should be entitled to a requested instruction on involuntary manslaughter in all criminal homicide prosecutions. Not only do I believe that the result reached is most unwise and will ultimately do a great disservice to the law of this jurisdiction, I am equally convinced that the reasoning employed by the majority to reach its conclusion is unsound.…