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COM. v. HEATHERINGTON

477 Pa. 562 (1978)

385 A.2d 338

COMMONWEALTH of Pennsylvania v. John HEATHERINGTON, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Gary B. Zimmerman, Rossetti & Zimmerman, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., Pittsburgh, for appellee.

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

OPINION

NIX, Justice.

This is an appeal from a judgment of sentence entered upon a jury verdict convicting appellant of voluntary manslaughter under the 1972 Crimes Code.1 18 Pa.C.S.A. § 2503 (1973). The dispositive issue is whether the trial court erred in refusing defense counsel's request to instruct the jury that where the defense of self-defense, 18 Pa.C.S.A. § 505 (1973), is raised by the evidence at trial, the...

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