dissenting:
I dissent.
Mrs. Zenyuh argues that at the time in question she reasonably believed her husband was about to kill her and that it was necessary to stab him in order to save herself. Mrs. Zenyuh asserts that this belief was based on her knowledge that 1) her husband had beaten her repeatedly throughout their relationship; 2) he had threatened to kill her if she left him and she had just announced her intention to leave; and 3) he was in a rage and had a certain look in his eyes which scared her.
No testimony was presented that the decedent had ever previously used deadly force against Mrs. Zenyuh. Although Mrs. Zenyuh testified that the decedent had threatened to kill her if she left him, this threat had occurred several years prior to the stabbing and there is no evidence that it was in any way an issue in the argument and altercation on the night in question. While the decedent may well have been enraged as he approached Mrs. Zenyuh, there is no evidence he intended to use deadly force against her.
It is true, as the majority asserts, that an assailant need not possess a weapon in order for his victim to reasonably fear he will suffer death or serious bodily injury, however, more is required to justify the use of deadly force in self-defense than an enraged and abusive perpetrator and a threat issued several years previously.
I would affirm the judgment of sentence.1
. I find no merit in appellant’s remaining issues on appeal.