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Date: 02-19-2021
Case Style:
Case Number:
Judge:
Court: Court of Common Pleas, Erie County, Pennsylvania
Plaintiff's Attorney: Jessica Reger, Assistant District Attorney
Defendant's Attorney:
Description: Erie, Pennsylvania first-degree murder criminal defense lawyer represented Defendant, Kevin Hicks-Franklin, age 23, who was charged with first-degree murder for stabbing to death Starleisha Smith, age 23.
Pennsylvania Statutes
Chapter 25
Criminal Homicide
Sec.
2501. Criminal homicide.
2502. Murder.
Enactment. Chapter 25 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 25 is referred to in sections 911, 2602, 3502 of this title; section 5432 of Title 20 (Decedents, Estates and Fiduciaries); sections 2511, 3103, 5329, 6344 of Title 23 (Domestic Relations); sections 5750, 5985.1, 5993, 6302 of Title 42 (Judiciary and Judicial Procedure).
§ 2501. Criminal homicide.
(a) Offense defined.--A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.
(b) Classification.--Criminal homicide shall be classified as murder, voluntary manslaughter, or involuntary manslaughter.
Cross References. Section 2501 is referred to in section 5708 of this title; section 4503 of Title 42 (Judiciary and Judicial Procedure).
§ 2502. Murder.
(a) Murder of the first degree.--A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.--A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
(c) Murder of the third degree.--All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
(d) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Fireman." Includes any employee or member of a municipal fire department or volunteer fire company.
"Hijacking." Any unlawful or unauthorized seizure or exercise of control, by force or violence or threat of force or violence.
"Intentional killing." Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
"Perpetration of a felony." The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
"Principal." A person who is the actor or perpetrator of the crime.
(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Apr. 28, 1978, P.L.84, No.39, eff. 60 days)
Cross References. Section 2502 is referred to in sections 2506, 2507, 2602, 5702, 5708, 6105 of this title; section 3304 of Title 5 (Athletics and Sports); section 5329 of Title 23 (Domestic Relations); sections 1515, 5551, 9711.1, 9718, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 3903, 4103, 6124, 6139, 7122 of Title 61 (Prisons and Parole).
Outcome: Defendant was found guilty of third-degree murder.
Plaintiff's Experts:
Defendant's Experts:
Comments: