Concurring Opinion by
Mr. Justice Roberts :I concur in the grant of a new trial. It is my view that constitutional error occurs* when in a murder *594prosecution a trial court refuses to deliver a requested charge on voluntary manslaughter, regardless of the presence or absence of evidence tending to prove the distinguishing elements of voluntary manslaughter. This was the situation here.
Mr. Justice Pomeboy joins in this concurring opinion.The reasons supporting my view are set out in greater detail in Commonwealth v. Jones, 457 Pa. 563, 577, 319 A.2d 142, 146 (1974) (Opinion in Support of Reversal) (Roberts, J., joined by Pomeroy & Manderino, JJ.); Commonwealth v. Cannon, 453 Pa. 389, 398, 309 A.2d 384, 390 (1973) (Roberts, J., dissenting, joined by Pomeroy & Manderino, JJ.); id. at 400, 309 A.2d at 390 (Pomeroy, J., dissenting, joined by Roberts & Manderino, JJ.); Commonwealth v. Kenney, 449 Pa. 562, 570, 297 A.2d 794, 798 (1972) (Roberts, J., dissenting, joined by Pomeroy & Manderino, JJ.); Commonwealth v. Davis, 449 Pa. 468, 477, 297 A.2d 817, 818 (1972) (Roberts, J., Opinion in Opposition to Affirmance, joined by Pomeroy & Manderino, JJ.); Commonwealth v. Banks, 447 Pa. 356, 364, 285 A.2d 506, 509 (1971) (Pomeroy J., dissenting, joined by Roberts, J.); Commonwealth v. Matthews, 446 Pa. 65, 77, 285 A.2d 510, 516 (1971) (Roberts, J., dissenting, joined by Pomeroy, J.); id. at 78, 285 A.2d at 516 (Pomeroy, J., dissenting, joined by Roberts, J.).