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COM. v. FOWLIN

551 Pa. 414 (1998)

710 A.2d 1130

COMMONWEALTH of Pennsylvania, Appellee, v. Anthony Michael FOWLIN, Appellant.

Supreme Court of Pennsylvania.

Decided April 23, 1998.

Attorney(s) appearing for the Case

Gary Neil Asteak, Easton, for Anthony Michael Fowlin.

Mark Refowich, John Morganelli, Easton, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The sole issue in this case is whether a person who unintentionally injures a third party bystander while using justifiable force in self-defense may be criminally liable for his injury to the bystander. For the reasons that follow, we hold that he may not be criminally liable.

On December 12, 1993 Fowlin was present in a nightclub in Easton, Pennsylvania. He was armed with a handgun. Three men...

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