COM. v. RITTLE


285 Pa.Super. 522 (1981)

428 A.2d 168

COMMONWEALTH of Pennsylvania, v. Paul H. RITTLE, Jr., Appellant.

Superior Court of Pennsylvania.

Filed April 3, 1981.


Attorney(s) appearing for the Case

George G. Mahfood, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, submitted a brief on behalf of Commonwealth, appellee.

Before PRICE, CAVANAUGH and HOFFMAN, JJ.


CAVANAUGH, Judge:

The issue on appeal is whether the trial court was in error in refusing to instruct the jury on the defense of self-defense. We find that under the evidence the appellant was entitled to have this issue presented to the jury and, therefore, we reverse the judgment of sentence and grant a new trial.

It is clear that if there is evidence from any source that a defendant acted in self-defense, that the defendant is not only entitled to have...

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