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COM. v. SMITH

518 Pa. 524 (1988)

544 A.2d 943

COMMONWEALTH of Pennsylvania, Appellee. v. Alexander SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided July 28, 1988.

Attorney(s) appearing for the Case

Paul R. Gettleman, Zelienople, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Dara DeCourcy, Asst. Dist. Atty., Pittsburgh, for appellee.

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

OPINION

ZAPPALA, Justice.

On the evening of August 19, 1982, while a guest and in attendance at a party, at a residence located on the South Side of the City of Pittsburgh, the Appellant was arrested and charged with criminal homicide and aggravated assault. Donald Kennelly, David Martelli and their friends appeared to have been uninvited guests at the party. A fight ensued during which the Appellant was struck in...

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