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COMMONWEALTH PENNSYLVANIA v. LEONARD LOBIONDO (08/22/80)

SUPERIOR COURT OF PENNSYLVANIA


August 22, 1980

COMMONWEALTH OF PENNSYLVANIA
v.
LEONARD LOBIONDO, APPELLANT

No. 267 October Term 1979, Appeal from judgment of sentence in the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, No. 1159, May, 1978.

Before Wickersham, Brosky and Eagen, JJ.*fn* Eagen, J. files a dissenting opinion.

Per Curiam:

Judgment of sentence is affirmed.

EAGEN, J. files is dissenting opinion.

EAGEN, C.J.

I dissent.

While 18 Pa. C.S.A. § 2701(a)(2) speaks in terms of "negligently" causing bodily injury, 18 Pa. C.S.A. § 302(b)(4) clearly defines negligence as involving a "gross deviation from the standard of care that a reasonable person would observe in the actor's situation." This definition clearly indicates to me that gross negligence is required to convict under 18 Pa. C.S.A. § 2701(a)(2). Moreover, requiring gross negligence in order to find criminal liability conforms with historical requirements for such a finding.


*fn* Chief Justice Michael J. Eagen of the Supreme Court of Pennsylvania is sitting by designation.


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