Supreme Court of Pennsylvania· 4/17/1975
Commonwealth v. Berry
Citations
- 336 A.2d 262
- 461 Pa. 233
- 1975 Pa. LEXIS 752
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding jury could find defendant was provoked when, arriving on the scene shortly after the attack, his mother told him she had been assaulted by man defendant then killed
- holding jury could find defendant was provoked when, arriving on the scene shortly after the attack, his mother told him she had been assaulted by man defendant then killed
- remanding for new trial upon finding evidence of adequate provocation where defendant killed the man who struck his mother to the ground
- distinguishing Drum and holding that words conveying facts could constituted adequate provocation
- voluntary manslaughter instruction was warranted when defendant came upon scene where the victim had physically attacked the defendant’s mother
- words of insulting and scandalous nature not sufficient cause of provocation to reduce first degree murder to voluntary manslaughter
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, O'Brien, Roberts, Pomeroy, Nix, Manderino
Read full opinion on CourtListenerCited by
15 cases in this archive cite this case.
- State v. ShaneOhio Supreme Court· 1992-05-13· cited 535×
- State of Iowa v. Christopher Craig ThompsonSupreme Court of Iowa· 2013-08-23· cited 173×
- State v. CoyleSupreme Court of New Jersey· 1990-06-11· cited 149×
- State of Iowa v. Jonas Dorian NeiderbachSupreme Court of Iowa· 2013-08-23· cited 135×
- Commonwealth v. BermudezMassachusetts Supreme Judicial Court· 1976-06-10· cited 40×
- Commonwealth v. McGuireSupreme Court of Pennsylvania· 1979-12-21· cited 36×
- Commonwealth v. PirelaSupreme Court of Pennsylvania· 1986-03-21· cited 36×
- State v. TaylorNew Mexico Court of Appeals· 2000-08-08· cited 32×
- State v. CoplingNew Jersey Superior Court App Division· 1999-12-16· cited 26×
- State v. BishopNew Jersey Superior Court App Division· 1988-06-15· cited 12×
- State v. LyleNebraska Supreme Court· 1994-03-11· cited 11×
- High v. United StatesDistrict of Columbia Court of Appeals· 2009-06-04· cited 2×
- People v. CalhounAppellate Court of Illinois· 2010-09-10
- Commonwealth v. MizellLehigh County Court of Common Pleas· 1984-12-03
- Johnson v. StateCourt of Special Appeals of Maryland· 2025-07-09
Cites
3 cases in this archive are cited by this case.
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