Gross v. Commonwealth

CAMMACK, Chief Justice.

Howard Gross was indicted on a charge of murdering Levi Muncy. He is appealing from a conviction of voluntary manslaughter, for which he received a 10 year sentence. The sole ground urged for reversal is that the verdict was palpably against the evidence and that the appellant was entitled to a peremptory instruction to find him not guilty on the grounds of self defense and apparent necessity. There is no question but that the appellant killed Levi Muncy by shooting him in the head at close range with a shotgun. The only issue is whether the appellant was acting in…