vacating judgment of sentence for felony murder when trial court failed to instruct jury on elements of either felony underlying the charge
How later courts described this case
- vacating judgment of sentence for felony murder when trial court failed to instruct jury on elements of either felony underlying the charge
- “Although the Standard Jury Instruction project may provide a helpful [g]uide to trial judges, the standards are [n]ot conclusive. The suggestions contained in the drafts are always subject to challenge by attorneys in their advocacy before this Court.”
- concurring opinion by Manderino, J.
Written by the judges who cited it.
The opinion
ROBERTS, Justice,
concurring.
I agree with the majority that appellant is entitled to a new trial because the trial court failed to instruct the jury on the elements of the underlying felonies which could form the basis of a felony murder verdict. Since appellant is entitled to a new trial on this ground, there is no need to reach the other issues addressed by the majority.