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COMMONWEALTH v. GRELLO

464 Pa. 250 (1975)

346 A.2d 543

COMMONWEALTH of Pennsylvania v. John GRELLO, Petitioner.

Supreme Court of Pennsylvania.

October 30, 1975.

Attorney(s) appearing for the Case

Joel H. Ziev, Easton, for petitioner.

Charles H. Spaziani, Dist. Atty., Easton, for respondent.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

PER CURIAM:

Petitioner, John K. Grello, was found guilty following a jury trial on September 10, 1973, of aggravated assault and battery, and burglary. At trial petitioner testified that he was intoxicated at the time of the incident for which he was convicted. He requested a jury instruction that he be acquitted of the burglary charge if his intoxication rendered him unable to form the specific intent necessary for burglary. This request...

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