COM. v. STRONG


836 A.2d 884 (2003)

COMMONWEALTH of Pennsylvania, Appellee v. William STRONG, Appellant.

Supreme Court of Pennsylvania.

Decided November 25, 2003.


Attorney(s) appearing for the Case

Suzanne M. Swan, Marjorie Alice Minkler, Victoria H. Vidt, Pittsburgh; M. Susan Ruffner, for William Strong, Appellant.

Michael Wayne Streily, Kevin Francis McCarthy, Pittsburgh, for the Com. of PA, Appellee.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.


OPINION

Justice EAKIN.

Jack Smith and three companions were in a car outside a bar. They testified appellant walked across the street toward them, pulled a pistol, beat Smith about the head, then shot him and another occupant; one of the occupants fired back. Appellant testified the first shots came from the car, and that when he ducked behind another car, a person called "Diddle" returned fire; he had no gun and did no shooting.

At trial...

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