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COM. v. CRUZ

291 Pa.Super. 486 (1981)

436 A.2d 220

COMMONWEALTH of Pennsylvania v. Misael CRUZ, Appellant.

Superior Court of Pennsylvania.

Filed October 23, 1981.

Attorney(s) appearing for the Case

Stanley M. Vasiliadis, Assistant Public Defender, Bethlehem, for appellant.

Donald B. Corriere, District Attorney, Easton, for Commonwealth, appellee.

Before WICKERSHAM, BECK and McEWEN, JJ.

BECK, Judge:

Appellant pleaded guilty, on a negotiated plea, to Aggravated Assault, 18 Pa.C.S. § 2702(a)(1). The charges arose out of an incident in which appellant entered a restaurant carrying a wooden shovel handle and struck at and hit the victim, causing him contusions on the forearm. Appellant claimed1 that the victim had threatened him. He claimed, therefore, that he attacked the victim as a preemptive strike, solely out of...

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