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COMMONWEALTH v. SMITH

454 Pa. 256 (1973)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

November 26, 1973.

Attorney(s) appearing for the Case

Stephen P. Swem and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, November 26, 1973:

In the early hours of November 7, 1971, appellant and one Gamalia Payne were customers in a tavern in the Homewood section of Pittsburgh. Due to their excessive consumption of alcohol, a minor altercation occurred and Payne left the premises. Shortly thereafter, appellant and a friend left for home, at which time they were confronted by Payne. Appellant was intimidated by Payne's verbal threats and, hence, when...

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