# Commonwealth v. Maione

> Superior Court of Pennsylvania · February 6, 1989 · 382 Pa. Super. 47

URL: https://www.frixlaw.com/law-library/cases/6308153

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Christopher MAIONE
- **Court:** Superior Court of Pennsylvania
- **Decided:** February 6, 1989
- **Citations:** 382 Pa. Super. 47; 554 A.2d 939; 1989 Pa. Super. LEXIS 239
- **Precedential status:** Published
- **Opinion:** Concurrence by Kelly
- **Judges:** Files, Kelly, Olszewski, Sole
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6308153

## Opinion text

KELLY, Judge,
concurring statement:
I 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516 Pa. 522 , 533 A.2d 992 (1987) reversing 359 Pa.Super. 626 , 515 A.2d 616 (1986) (per curiam order and memorandum, unpublished) (Kelly, J., dissenting); accord Commonwealth v. Grove, 363 Pa.Super. 328, 346 , 526 A.2d 369, 378 (1987) (jury instructions are only to be given when there is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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6308153. Public record. Not legal advice.