COM. v. FLAGG


266 Pa.Super. 508 (1979)

405 A.2d 934

COMMONWEALTH of Pennsylvania v. Leroy FLAGG, Appellant.

Superior Court of Pennsylvania.

Decided June 5, 1979.


Attorney(s) appearing for the Case

Robert F. Pappano, Assistant Public Defender, Media, for appellant.

Thomas M. Regan, Assistant District Attorney, Media, for Commonwealth, appellee.

Before CERCONE, President Judge, and ROBERTS and LIPEZ, JJ.


ROBERTS, Justice:

On August 5, 1976, a jury convicted appellant, Leroy Flagg, of murder of the third degree. After denying post verdict motions, the trial court sentenced appellant to a term of imprisonment of 7½ to 15 years. Appellant seeks a new trial on the ground that the trial court did not expressly instruct the jury that where, as here, self defense is in issue, the Commonwealth has the burden of proving beyond a reasonable doubt that the accused did not...

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