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COM. v. CAPITOLO

508 Pa. 372 (1985)

498 A.2d 806

COMMONWEALTH of Pennsylvania, Appellant, v. Patricia Ann CAPITOLO, Curtis Jay Sell, Stephen E. Anderson, Edward S. Wagner, and Sue Heilman, Appellees.

Supreme Court of Pennsylvania.

Decided September 24, 1985.

Attorney(s) appearing for the Case

Edward J. Tocci, Dist. Atty., Anthony J. Berosh, John Lee Brown, Jr., Asst. Dist. Attys., Beaver, Pa., for appellant.

Jon Pushinsky, Pittsburgh, Pa., for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This case raises the sole issue of whether the defense of justification as defined in Section 503 of our Crimes Code1 is available to Appellees (Patricia Ann Capitolo, Curtis Jay Sell, Stephen E. Anderson, Edward S. Wagner, and Sue Heilman) who were charged with criminal trespass.2

On July 15, 1979, Appellees, violating a clearly visible "No Trespass...

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