finding, as to the defense of protecting a third party, see 18 Pa.C.S. § 506, that the common law limitation on this defense to near relatives was abandoned under the Crimes Code where the Legislature did not expressly preserve that limitation
How later courts described this case
- finding, as to the defense of protecting a third party, see 18 Pa.C.S. § 506, that the common law limitation on this defense to near relatives was abandoned under the Crimes Code where the Legislature did not expressly preserve that limitation
- victim was beating defendant's cousin, defendant pulled him away, the victim produced a gun and was shot in a struggle for the gun
- jury charge on self-defense will be given upon request where jury would have basis for finding it
Written by the judges who cited it.
The opinion
LARSEN, Justice,
concurring.
I join in the majority opinion, but want to note that appellant was convicted of voluntary manslaughter and possessing instruments of a crime.