COM. v. ALVIN


357 Pa.Super. 509 (1986)

516 A.2d 376

COMMONWEALTH of Pennsylvania v. Rayfield ALVIN, Appellant.

Supreme Court of Pennsylvania.

Filed October 14, 1986.


Attorney(s) appearing for the Case

Donald Bronstein, Assistant Public Defender, Philadelphia, for appellant.

Elizabeth J. Chambers, Assistant District Attorney, Philadelphia, for Com., appellee.

Before CIRILLO, President Judge, and WICKERSHAM, BROSKY, McEWEN, OLSZEWSKI, MONTEMURO, BECK, KELLY and JOHNSON, JJ.


KELLY, Judge:

In the instant case we are called upon to determine whether the law of justification regarding the use of deadly force in self-defense was changed by the enactment of 18 Pa.C.S.A. § 505(b)(2)(i) as part of the Consolidated Pennsylvania Statutes Act of 1972 and, if so, whether the trial judge committed an error of law by instructing the jury that, in order to justify the use of deadly force, the evidence must establish that the actor was free from...

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