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382 Pa. Super. 47

Commonwealth v. Maione

Superior Court of Pennsylvania

Decided February 6, 1989

Superior Court of Pennsylvania · decided 1989-02-06

Cited by 4 later decisions — most recently April 1994

4 state decisions

Relies on 363 Pa. Super. 328 - Commonwealth v. Grove · 359 Pa. Super. 606 - Seals v. TIOGA CTY. GRANGE MUT. INS. · 357 Pa. Super. 509 - Commonwealth v. Alvin

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-06

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KELLY, Judge,

¶1concurring statement:

¶2I join in Judge Olszewski’s cogent opinion. Appellant’s own version of the facts clearly demonstrated that he was not free from fault in provoking or continuing the difficulty which led to the final deadly confrontation; hence, he was not entitled to a jury instruction on the issue of self-defense. See Commonwealth v. Butler, 516 Pa. 522, 533 A.2d 992 (1987) reversing 359 Pa.Super. 626, 515 A.2d 616 (1986) (per curiam order and memorandum, unpublished) (Kelly, J., dissenting); accord Commonwealth v. Grove, 363 Pa.Super. 328, 346, 526 A.2d 369, 378 (1987) (jury instructions are only to be given when there is evidence to support such a charge); Commonwealth v. Alvin, 357 Pa.Super. 509, 522, 516 A.2d 376, 383 & n. 3 (1986) (en banc) (unanimously affirming that a valid claim of self-defense cannot be established when the evidence reveals that the defendant was not “free from fault in provoking or continuing the difficulty which resulted in the injury;” collecting and analyzing cases).

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