Commonwealth v. Samuel

OPINION OF THE COURT

CAPPY, Justice.

The primary issue presented in this case is whether the evidence was sufficient to support the conclusion drawn by the trial judge that the appellant forfeited his right to claim *301self-defense1 by provoking the fatal encounter. The secondary issue presented is whether there was sufficient evidence to sustain the appellant’s conviction for possession of an instrument of crime. We find that the appellant’s actions did not constitute provocation as set forth in 18 Pa.C.S. § 505(b)(2)(i), and accordingly reverse the judgment of sentence. We also find insufficient…