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Brown v. Commonwealth6/16/2005
ys are long." Oscar Wilde, The Ballad of Reading Jail IV, St. 1.
While we have the power, to some extent, to interpret, control, or influence, the boundaries of criminal conduct, we must always strive to maintain the standards of punishment at determinative levels based upon the culpability involved. If this case stands affirmed, we have not met our obligation - we have laid it down.
For the reasons set out, I would reverse this conviction due to the insufficiency of the evidence to support the charge of "wanton murder' and would remand it to the trial court for a new trial on the charges of "second degree manslaughter" and "reckless homicide."
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