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471 Pa. 417

370 A.2d 372

Commonwealth v. Solomon

Supreme Court of Pennsylvania

Decided February 28, 1977

Supreme Court of Pennsylvania · decided 1977-02-28

Cited by 4 later decisions — most recently March 1989

4 state decisions

Key passage — most relied on by later courts

“the cumulative impact of a series of related events,”

quoted by 1 later decision, including Commonwealth v. Stonehouse

Relies on Commonwealth v. McCusker

Good law ✅— No negative treatment on recordhow we know

Decided 1977-02-28

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¶1*418 OPINION OF THE COURT

ROBERTS, Justice.

¶2 Appellant was indicted on counts of murder, voluntary-manslaughter, and carrying a firearm without a license. He was convicted by a jury of murder of the third degree and carrying a firearm without a license. The trial court granted a motion in arrest of judgment on the conviction of carrying a firearm without a license, but denied his post-trial motions regarding the murder conviction, and sentenced appellant to a term of ten to twenty years imprisonment.

¶3 In this appeal, * appellant’s sole contention is that he is entitled to a jury instruction that adequate provocation, necessary to reduce murder to manslaughter, can consist of the “cumulative impact of a series of related events.” Commonwealth v. McCusker, 448 Pa. 382, 389, 292 A.2d 286, 290 (1972). Although we agree that McCusker permits reliance on the cumulative impact of a series of related events to establish adequate provocation, here, unlike McCusker, there is no evidence which requires that the requested instruction be given.

¶4 Where there is evidence of a series of related events which tend to establish adequate provocation, the trial court should give the requested instruction. On this record, however, the trial court’s decision to deny the instruction was not error.

¶5 Judgment of sentence affirmed.

NIX, J., did not participate in the consideration or decision of this case.
*

¶6 We have jurisdiction pursuant to the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. II, § 202(1), 17 P.S. § 211.202(1) (Supp.1976).

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