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Com. v. Butler

Supreme Court of Pennsylvania
Nov 18, 1978
393 A.2d 1208 (Pa. 1978)

Opinion

Submitted October 19, 1978.

Decided November 18, 1978.

Appeal from the Court of Common Pleas, Criminal Division, Philadelphia, at Nos. 590-591, January Session, 1976, Juanita Kidd Stout, J.

Thomas B. Rutter, Philadelphia, for appellant.

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Chief, Appeals Div., Nancy D. Wasser, Asst. Dist. Attys., for appellee.

Before EAGEN, C. J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.


OPINION OF THE COURT


Appellant, Franklin Butler, was convicted in a non-jury trial of voluntary manslaughter and possessing instruments of crime. Post-verdict motions were denied and appellant was sentenced to a prison term of two to ten years on the manslaughter conviction with a consecutive probationary term of five years on the weapons offense. This direct appeal followed.

The weapons offense was appealed to Superior Court, which certified the appeal to this court.

On this appeal, appellant raises two issues. He first alleges that trial counsel was ineffective for failing to ascertain whether appellant was employed by the bar where the victim was shot, thus negating any duty to retreat. Appellant also claims that the evidence is insufficient to sustain his conviction. We have examined the record and find both issues meritless.

Judgments of sentence affirmed.


Summaries of

Com. v. Butler

Supreme Court of Pennsylvania
Nov 18, 1978
393 A.2d 1208 (Pa. 1978)
Case details for

Com. v. Butler

Case Details

Full title:COMMONWEALTH of Pennsylvania v. Franklin L. BUTLER, Appellant

Court:Supreme Court of Pennsylvania

Date published: Nov 18, 1978

Citations

393 A.2d 1208 (Pa. 1978)
393 A.2d 1208