Commonwealth v. Fowlin

OPINION IN SUPPORT OF AFFIRMANCE

CAVANAUGH, Judge.

This appeal presents us with the question of whether a criminal defendant, who uses justifiable force in defending himself against an assailant(s), may nonetheless be held criminally culpable for unintentionally injuring an innocent bystander. Having concluded that a criminal defendant may be held criminally culpable in these circumstances, we affirm the trial court’s order which denied appellant’s petition for habeas corpus relief, and remand the case for trial.1

In the early morning hours of December 12, 1993, appellant was at a crowded…