Commonwealth v. Heard

Dissenting Opinion by

Wright, J.:

This appellant police officer was fortunate in that he was not convicted of an offense more serious than involuntary manslaughter. His conduct was inexcusable. At 5:30 A.M., while off duty and out of uniform, he became involved in an altercation, drew and fired his revolver, and killed an innocent bystander. Finding no prejudicial error in the charge of the trial judge, I would affirm the judgment below.

Montgomery, J., joins in this dissent.