Commonwealth v. Warin , 484 Pa. 555 ( 1979 )

EAGEN, Chief Justice,

dissenting.

In my view a jury instruction on involuntary manslaughter is required only when the trial evidence provides a rational basis for such a verdict. Cf. Commonwealth v. Dussinger, 478 Pa. 182, 195, 386 A.2d 500, 506 (1978) (Pomeroy, J., concurring opinion joined by Eagen, C. J.). Clearly there is no such rational basis here.

According to the appellant’s own trial testimony, he intentionally struck the blow which caused the victim’s death. The fact that appellant may have acted under heat of passion does not make the crime involuntary manslaughter.

I dissent!

LARSEN, J., joins in this opinion.