
    456 A.2d 1362
    COMMONWEALTH of Pennsylvania v. Ira M. EBERLY, Appellant.
    Supreme Court of Pennsylvania.
    Submitted Jan. 25, 1983.
    Decided March 16, 1983.
    
      John J. Grenko, Reading (court-appointed), for appellant.
    Charles M. Guthrie, Jr., Asst. Dist. Atty., Reading, for appellee.
    Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.
   OPINION

LARSEN, Justice.

In this direct appeal from his judgments of sentence, appellant raises two issues: 1) the evidence presented at trial by the Commonwealth was insufficient to support his conviction for voluntary manslaughter; and 2) a guilty verdict of voluntary manslaughter is inconsistent with a guilty verdict of involuntary manslaughter. We have reviewed the record and find these contentions to be without merit.

Accordingly, the judgments of sentence are affirmed.

NIX, J., files a concurring opinion.

NIX, Justice,

concurring.

Although I concur in the order of the Court, I am compelled to write separately in order to clarify the issue concerning the inconsistency between a guilty verdict of voluntary manslaughter and a guilty verdict of involuntary manslaughter.

It is well established that voluntary manslaughter is the intentional killing of another, done without malice aforethought, 18 Pa.C.S.A. § 2503; Commonwealth v. Cain, 484 Pa. 240, 398 A.2d 1359 (1979); Commonwealth v. Long, 460 Pa. 461, 333 A.2d 865 (1975); Commonwealth v. Edwards, 448 Pa. 79, 292 A.2d 361 (1972); Commonwealth v. Conner, 445 Pa. 36, 282 A.2d 23 (1971); Commonwealth v. Flax, 331 Pa. 145, 200 A. 632 (1938); Commonwealth v. Drum, 58 Pa. 9 (1868) and that involuntary manslaughter consists of a non-malicious unintentional killing of another, 18 Pa.C.S.A. § 2504; Commonwealth v. Moore, 463 Pa. 317, 344 A.2d 850 (1975); Commonwealth v. Jones, 452 Pa. 569, 308 A.2d 598 (1973); Commonwealth v. Flax, supra.

Moreover, it has long been the rule in this Commonwealth that consistency in a verdict in a criminal case is not necessary. Commonwealth v. Carter, 444 Pa. 405, 282 A.2d 375 (1971), citing Commonwealth v. Parotto, 189 Pa.Super. 415, 150 A.2d 396 (1959); accord, Commonwealth v. Strand, 464 Pa. 544, 347 A.2d 675 (1975).

In the instant case, although the jury rendered a verdict of guilty on both voluntary and involuntary manslaughter, any inconsistency was not fatal because the evidence was sufficient to support a verdict of voluntary manslaughter and the trial- judge imposed sentence only on the voluntary manslaughter conviction. See Commonwealth v. Jackson, 230 Pa.Super. 386, 326 A.2d 623 (1974).  