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
MANDERINO, Justice,
concurring.
I concur in the majority’s grant of a new trial solely because of the trial court’s failure to charge the jury on the elements of burglary and robbery.
I would also like to comment on the majority’s citation in footnote nine to the “Pennsylvania Standard Jury Instructions, Criminal Subcommittee Drafts § 15, 2502B(3).” Although the Standard Jury Instruction project may provide a helpful guide to trial judges, the standards are not conclusive. The suggestions contained in the drafts are always subject to challenge by attorneys in their advocacy before this Court.
NIX, J., joins in this concurring opinion.