Supreme Court of Pennsylvania· 3/21/1972
Commonwealth v. Walker
Citations
- 447 Pa. 146
- 288 A.2d 741
- 1972 Pa. LEXIS 515
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting it was in interests of justice to consider merits of appeal where counsel for appellant requested court do so, and Commonwealth did not object
- finding impermissible provocation and continuation where defendant was not the initial aggressor, but armed himself after the initial confrontation was over and returned to shoot the original aggressor
- rejecting both a motion for abatement ab initio and a motion to dismiss the appeal, concluding that it is in the interests of society and the estate of the defendant that any challenge initiated against the propriety or constitutionality of a criminal proceeding be fully reviewed
- affirming judgment of sentence where appellant died during pendency of appeal
- appeal will be decided even though appellant in a criminal case has died pending appeal
- “Even accepting [defendant’s] testimony ... that [the victim] started moving toward [defendant] threatening him with a knife, [defendant] acted so forcefully to continue the conflict that he was properly barred on that ground alone from claiming self-defense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Mandbrino
Read full opinion on CourtListenerCited by
41 cases in this archive cite this case; the 20 most cited are listed.
- State v. SalazarNew Mexico Supreme Court· 1997-09-03· cited 228×
- Commonwealth v. McGroganSupreme Court of Pennsylvania· 1972-11-30· cited 61×
- State v. McGettrickOhio Supreme Court· 1987-06-24· cited 58×
- Surland v. StateCourt of Appeals of Maryland· 2006-04-11· cited 40×
- State v. DalmanNorth Dakota Supreme Court· 1994-08-24· cited 39×
- State v. MakailaHawaii Supreme Court· 1995-06-14· cited 38×
- Commonwealth v. WalleySupreme Court of Pennsylvania· 1976-03-17· cited 36×
- Commonwealth v. CulpepperSuperior Court of Pennsylvania· 1972-06-16· cited 35×
- State v. CarlinAlaska Supreme Court· 2011-03-25· cited 35×
- United States v. RorieCourt of Appeals for the Armed Forces· 2003-07-01· cited 31×
- Commonwealth v. BlakerSuperior Court of Pennsylvania· 1981-12-29· cited 24×
- State v. BobbittSupreme Court of Florida· 1982-06-24· cited 22×
- Commonwealth Ex Rel. Bielat v. BielatSuperior Court of Pennsylvania· 1978-07-12· cited 21×
- Commonwealth v. HernandezMassachusetts Supreme Judicial Court· 2019-03-13· cited 21×
- Commonwealth v. De La ZerdaMassachusetts Supreme Judicial Court· 1993-09-15· cited 19×
- Commonwealth ex rel. Watson v. MontoneSuperior Court of Pennsylvania· 1974-04-03· cited 19×
- State v. HoxsieSouth Dakota Supreme Court· 1997-10-15· cited 17×
- Commonwealth v. BizzaroSupreme Court of Pennsylvania· 1987-12-31· cited 17×
- State v. BostwickSupreme Court of Connecticut· 1999-11-02· cited 16×
- Commonwealth v. SargentSuperior Court of Pennsylvania· 1978-04-13· cited 15×
Cites
10 cases in this archive are cited by this case.
- Wortex Mills, Inc. v. Textile Workers Union of AmericaSupreme Court of Pennsylvania· 1952-01-07· cited 114×
- Commonwealth v. JohnstonSupreme Court of Pennsylvania· 1970-03-20· cited 103×
- Commonwealth v. RoundtreeSupreme Court of Pennsylvania· 1970-10-09· cited 80×
- Commonwealth v. LawrenceSupreme Court of Pennsylvania· 1968-01-03· cited 65×
- Commonwealth v. WilkesSupreme Court of Pennsylvania· 1964-04-21· cited 59×
- Ridley Park Shopping Center, Inc. v. Sun Ray Drug Co.Supreme Court of Pennsylvania· 1962-04-17· cited 36×
- Commonwealth v. BarnoskySupreme Court of Pennsylvania· 1969-11-11· cited 27×
- Conti v. Department of Labor & IndustrySupreme Court of Pennsylvania· 1961-11-14· cited 15×
- Manganese Steel Forge Co. v. CommonwealthSupreme Court of Pennsylvania· 1966-03-22· cited 14×
- Schuster v. Gilberton Coal Co.Supreme Court of Pennsylvania· 1963-10-11· cited 12×
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.