concurring.
I would affirm the order of the lower court and in support thereof, quote from the Majority Opinion in Commonwealth v. White, 490 Pa. 179, 182, 185, 415 A.2d 399, 400, 402 (1980) (Larsen, J.):
It has long been the rule in this Commonwealth that a trial court should not instruct the jury on legal principles which have no application to the facts presented at trial. The reason for this rule is apparent; the jury’s duty is to render a true and correct verdict, and instructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict....
*312... To this end and to finally clarify this situation, we now hold that in a murder prosecution, an involuntary manslaughter charge shall be given only when requested, and where the offense has been made an issue in the case and the trial evidence reasonably would support such a verdict.
See also Commonwealth v. Williams, 490 Pa. 187, 415 A.2d 403 (1980).
FLAHERTY and ZAPPALA, JJ., join in the filing of this concurring opinion.