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Appeals court upholds retrial in Snyder County stabbing death

Written by The Associated Press | Aug 11, 2013 2:01 PM
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(Harrisburg) -- A state appeals court has upheld a central Pennsylvania judge's ruling that a man convicted in a stabbing death should be given a new trial.

Jurors in Snyder County convicted 20-year-old Seth Hornberger of Mifflinburg of third-degree murder and voluntary manslaughter in the March 2011 stabbing death of 22-year-old Alan Martin.

Hornberger said he acted to protect a 17-year-old in the kitchen of a Selinsgrove apartment.

Snyder-Union President Judge Michael Sholley said his jury instructions were flawed and ordered a new trial.

At issue is whether Hornberger, a guest, had a duty to leave the apartment rather than using deadly force against Martin, who was also a guest. The Superior Court justices said prosecutors could argue that point during the retrial.

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