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.
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.
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).
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.