Commonwealth v. Presogna

Opinion by

Packel, J.,

In a bizarre setting this case presents the issue oí whether self-defense can be a valid defense to an indictment for assault and battery where the defendant was not in danger of death or great bodily harm. The prosecution contended that the defendant-appellant had beaten a fellow prisoner because a kangaroo court had found him guilty of squealing to the prison guards. The defendant contended that he reasonably thought he was being attacked by a fellow prisoner who had a pencil in his hand, and that, therefore, he struck the attacker in self-defense. The jury returned a…