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Commonwealth v. Markum

Superior Court of Pennsylvania
541 A.2d 347 (1988)


Markum and others (defendants) overtook an abortion clinic in Philadelphia as part of an anti-abortion demonstration. While in the building, they placed pro-life stickers on many of the walls and doors and also broke different medical equipment. They refused to voluntarily leave and had to be carried out by police. Before their trial in the Court of Common Pleas, Markum and the other individuals attempted to bring a defense of justification. The trial judge refused to hear this defense. Markum and the other individuals were convicted and ordered to do community service. They appealed to the Superior Court of Pennsylvania, stating that the judge should have allowed their justification defense at trial.

Rule of Law


Holding and Reasoning (Cirillo, P.J.)

Concurrence/Dissent (McEwen, J.)

Dissent (Tamilia, J.)

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