dissenting.
I dissent. In this case, the appellant introduced the loaded weapon into the conflict long before the victim retrieved his shotgun. Appellant admitted in his amended statement that when the victim refused to leave his own home, appellant left the kitchen and approached him, holding the gun under his shirt. Appellant stated that the victim had seen the weapon and it was at that point that the victim went to the bedroom and got the shotgun. N.T. 12/10/86 at 146-148.
The majority finds a lack of provocation on the part of the appellant from a cold record while the trier of fact, who heard all of the evidence and clearly understood the law, found that appellant was not free from fault in this instance. The record of this case clearly shows that there was sufficient evidence for the trier of fact to find every element of the crimes charged were proven beyond a reasonable doubt. Commonwealth v. Griffin, 511 Pa. 553, 515 A.2d 865 (1986). That is, or at least was, the standard of review in sufficiency of the evidence claims.
Until today, it was well settled that a valid claim of self defense fails when the actor introduces a weapon into an encounter without provocation. See, e.g. Commonwealth v. Searles, 445 Pa. 240, 285 A.2d 179 (1971) and Commonwealth v. Blackman, 446 Pa. 61, 65, 285 A.2d 521, 523 (1971). The majority now establishes a new standard for judging self defense cases.
I would affirm the trial court decision.