(dissenting).
I dissent.
In my view, the majority misapplies the test of Commonwealth v. Powell, 428 Pa. 275, 241 A.2d 119 (1968). In Powell, this Court held:
“We are of the opinion that the proper test to be applied by a trial court in determining the admissibility of photographs in homicide cases is whether or not the photographs are of such essential evidentiary value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors.”
428 Pa. at 278-279,241 A.2d at 121.
The majority today asserts that where the pictures are not inflammatory, the Powell test need not be applied and the photographs may be admitted if they meet the standard test of relevance. This assertion misinterprets *527Powell. Under our decisions following Powell, pictures of murder victims may never be admitted until the trial court decides that the evidentiary value of the pictures exceeds the likelihood that the pictures will inflame the passions of the jury. The inflammatory nature of the picture is considered only to determine whether the evidence meets this standard, not whether the test should be applied at all. Commonwealth v. Scaramuzzino, 455 Pa. 378, 317 A.2d 225 (1974); Commonwealth v. Yount, 455 Pa. 303, 314 A.2d 242 (1974); Commonwealth v. Woods, 454 Pa. 250, 311 A.2d 582 (1973); Commonwealth v. Dankel, 450 Pa. 437, 301 A.2d 365 (1973); Commonwealth v. Biebinghauser, 450 Pa. 336, 300 A.2d 70 (1973); Commonwealth v. Sullivan, 450 Pa. 273, 299 A.2d 608, cert. denied, 412 U.S. 923, 93 S.Ct. 2745, 37 L.Ed.2d 150 (1973); Commonwealth v. Koch, 446 Pa. 469, 288 A.2d 791 (1972); Commonwealth v. Collins, 440 Pa. 368, 269 A.2d 882 (1970); Commonwealth v. Wilson, 431 Pa. 21, 244 A.2d 734 (1968), cert. denied, 393 U.S. 1102, 89 S.Ct. 901, 21 L.Ed.2d 794 (1969); Commonwealth v. Eckhart, 430 Pa. 311, 242 A.2d 271 (1968).
Applying the Powell test, there can be little doubt that the photographs were improperly admitted. The Commonwealth’s forensic pathologist’s testimony established the range and angle from which each bullet hit the body. The defense did not dispute his testimony (although their interpretations of the ramifications of these facts differed). The photographs merely duplicated the expert’s testimony and could have been of little use to the untrained eyes of the jurors. In these circumstances, the value of the photographs was so slight that it was clearly exceeded by the prejudicial effect these pictures had on the jurors. Therefore, the trial court abused its discretion in admitting the pictures. I would reverse the judgment and grant a new trial.
MANDERINO, J., joins^in this dissent.