Legal Opinion

Commonwealth v. Fowlin

Supreme Court of Pennsylvania

Decided April 23, 1998No. 191 M.D. Appeal Docket 1996PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The sole issue in this case is whether a person who unintentionally injures a third party bystander while using justifiable force in self-defense may be criminally liable for his injury to the bystander. For the reasons that follow, we hold that he may not be criminally liable.

On December 12, 1993 Fowlin was present in a nightclub in Easton, Pennsylvania. He was armed with a handgun. Three men, two of whom were also armed with handguns, accosted Fowlin in the club, and one of the three sprayed pepper gas in his eyes. At approximately the same time,…

2Cases cited2 opinions

  1. Commonwealth v. HilbertSupreme Court of Pennsylvania · 1978
  2. Commonwealth v. HeatheringtonSupreme Court of Pennsylvania · 1978

3Cited by36 opinions

  1. Commonwealth v. Son TruongSuperior Court of Pennsylvania · 2012
  2. Commonwealth v. McClendonSuperior Court of Pennsylvania · 2005
  3. State v. BettsSupreme Court of Kansas · 2022
  4. United States v. BordeauxCourt of Appeals for the Eighth Circuit · 2009
  5. Commonwealth v. NorleySuperior Court of Pennsylvania · 2012

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