COM. v. RUMSEY


309 Pa.Super. 137 (1983)

454 A.2d 1121

COMMONWEALTH of Pennsylvania v. Jeremiah RUMSEY, Appellant.

Superior Court of Pennsylvania.

Filed January 7, 1983.


Attorney(s) appearing for the Case

Francis M. Walsh, Assistant Public Defender, Norristown, for appellant.

Joseph J. Hylan, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in upholding the constitutionality of section 308 of the Pennsylvania Crimes Code limiting the defense of intoxication in criminal proceedings. Finding the statute constitutional, we affirm.

Appellant, an inmate at Graterford prison, was arrested on November 15, 1978 for allegedly assaulting prison guards by swinging a sharpened scissors at them. He inflicted no injury. At trial, appellant attempted...

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