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COMMONWEALTH v. FISHER (04/28/70)

SUPREME COURT OF PENNSYLVANIA


decided: April 28, 1970.

COMMONWEALTH
v.
FISHER, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Nov. T., 1967, No. 83, in case of Commonwealth v. Richard Fisher.

COUNSEL

Stuart E. Savage, for appellant.

Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Chief Justice Bell.

Author: Bell

[ 439 Pa. Page 87]

The appellant, Richard Fisher, was convicted by a jury of voluntary manslaughter. Following denial of his motion for a new trial and imposition of sentence, he filed this appeal.

The sole issue raised by this appeal is whether the trial Judge committed reversible error when he instructed the jury that the defendant has the burden of

[ 439 Pa. Page 88]

    proving his assertion of self-defense by a fair preponderance of the evidence.

In the recent case of Commonwealth v. Winebrenner, 439 Pa. 73, 265 A.2d 108, we reviewed this issue at great length, and once again we reaffirmed a score of prior decisions of this Court which held that self-defense was an affirmative defense and the defendant had the burden of proving self-defense by a fair preponderance of the evidence.

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

19700428

© 1998 VersusLaw Inc.



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