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· 9/4/1981

Commonwealth v. Gillespie

Citations

  • 434 A.2d 781
  • 290 Pa. Super. 336
  • 1981 Pa. Super. LEXIS 3363

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding opportunity to retreat existed because, “the fight occurred on a public sidewalk, with several avenues of retreat available.”
  • holding opportunity to retreat existed because, “the fight occurred on a public sidewalk, with several avenues of retreat available[]”
  • rejecting claim of self-defense when defendant used greater force than was reasonably necessary to protect against death or serious bodily injury during fight on public sidewalk by striking victim in head twice with baseball bat and kicking prostrate victim in head
  • evidence that defendant beat aggressor-victim after aggressor-victim fell unconscious was sufficient to disprove self-defense and established defendant breached duty to retreat

Source: CourtListener parenthetical corpus (CC0).

Judges: Wickersham, McEwen, Wieand

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.