Commonwealth v. Miller , 448 Pa. 114 ( 1972 )

Dissenting Opinion by

Mr. Justice Roberts :

I dissent because the verdict of second degree murder is fully supported by the record. The appellant’s testimony, if believed, entitled him to an acquittal on the grounds of accidental homicide. The jury was properly so instructed and chose not to accept his version of the shooting.

Mr. Chief Justice Jones joins in this dissent.