COM. v. DERBY


451 Pa.Super. 100 (1996)

678 A.2d 784

COMMONWEALTH of Pennsylvania v. Frances Theresa DERBY, Appellant.

Superior Court of Pennsylvania.

Filed June 4, 1996.


Attorney(s) appearing for the Case

Robert D. Glessner, York, for appellant.

Laura A. Pawloski, Assistant District Attorney, York, for Commonwealth, appellee.

Before POPOVICH, SAYLOR and EAKIN, JJ.


SAYLOR, Judge.

Where husband and wife have an equal right to occupy their home, does the wife have a duty to retreat from the home, if safe retreat be possible, rather than use deadly force against her husband, at whose hands she fears death or serious bodily injury? We conclude that she does not. Because the jury was incorrectly instructed on this point, we reverse the judgment of sentence imposed upon Appellant, Frances Derby, following her conviction of voluntary...

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