COMMONWEALTH v. PRESOGNA


221 Pa.Super. 431 (1972)

Commonwealth v. Presogna, Appellant.

Superior Court of Pennsylvania.

June 16, 1972.


Attorney(s) appearing for the Case

Stephen H. Hutzelman, for appellant.

J. Messina, Assistant District Attorney, with him Alois Lubiejewski, and R. Gordon Kennedy, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY PACKEL, J., June 16, 1972:

In a bizarre setting this case presents the issue of whether self-defense can be a valid defense to an indictment for assault and battery where the defendant was not in danger of death or great bodily harm. The prosecution contended that the defendant-appellant had beaten a fellow prisoner because a kangaroo court had found him guilty of squealing to the prison guards. The...

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