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COMMONWEALTH PENNSYLVANIA v. ROBERT PERKINS (03/20/84)

decided: March 20, 1984.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
ROBERT PERKINS, APPELLANT



No. 80-3-405, Appeal from the Judgment of Sentence imposed by the Philadelphia Court of Common Pleas, Criminal Division, trial Section as of Nos. 46 and 49 of the September Term, 1979.

COUNSEL

Norris Gelman, Philadelphia (court-appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., Robert Ciaffa, Asst. Dist. Attys., for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.

Author: Flaherty

[ 504 Pa. Page 303]

OPINION OF THE COURT

Appellant Robert Perkins was convicted in a non-jury trial of voluntary manslaughter, 18 Pa.C.S.A. § 2503, and possession of an instrument of crime, generally, 18 Pa.C.S.A. § 907. Post-verdict motions were denied and judgment of sentence was entered on January 22, 1980. This direct appeal followed.*fn*

Appellant asserts that the evidence was insufficient to support the verdict of guilty of voluntary manslaughter and to negate the appellant's evidence of self-defense, Commonwealth v. Cropper, 463 Pa. 529, 345 A.2d 645 (1975).

[ 504 Pa. Page 304]

Appellant also alleges error in the court's determination that appellant violated a duty to retreat. Additionally, appellant argues that the trial court's opinion evidences an application of erroneous standards by the court in reaching the verdict. We have reviewed these claims and find them to be without merit.

Judgment of sentence ...


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