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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 CourtListener

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Other cases with this name

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.