Commonwealth v. Jones

*452Concurring Opinion by

Mr. Justice Pomeroy:

I concur in the decision of the court, and join in its opinion except for the portion dealing with the court’s failure to instruct on voluntary manslaughter. I think that, if requested, it would have been reversible error on the part of the trial court not to charge that voluntary manslaughter was a verdict which was within the power of the jury to return, even though there was no evidence to support such a finding. See Commonwealth v. Matthews, 446 Pa. 65, 285 A. 2d 510 (1971) (dissenting opinions of Mr. Justice Roberts and of the writer); Commonwealth v. Banks, 447 Pa. 356, 364, 285 A. 2d 506 (1971) (dissenting opinion of the writer, joined by Mr. Justice Roberts) ; Commonwealth v. Davis, 449 Pa. 468, 297 A. 2d 817 (1972) decided this day (opinions of Mr. Justice Roberts and of the writer in opposition to order of affirmance); and Commonwealth v. Kenney, 449 Pa. 562, 297 A. 2d 794 (1972), decided this day (dissenting opinion of Mr. Justice Roberts, joined by the writer).

Mr. Justice Roberts joins in this concurring opinion.