Commonwealth v. Toby

*98 ORDER

AND NOW, this 17th day of December 2008, the Petition for Allowance of Appeal is GRANTED, limited to the question of whether the Superior Court erred when, on the basis of waiver, it refused to consider the trial court’s failure to instruct the jury on the offense of involuntary manslaughter and the defense of duress. Further, the Superior Court’s decision is VACATED to the extent it found waived Petitioner’s challenge to the trial court’s refusal to instruct the jury on the offense of involuntary manslaughter and the defense of duress in light of our decision in Commonwealth v. Garcia,…