State v. Andrew
Annotate this CaseIn this appeal, the Supreme Court reexamined the holding in State v. Alexander that a defense of dwelling jury instruction should not be given in a trial where the person defending a dwelling is the alleged victim rather than a defendant. In this case, the trial judge gave the pattern instructions regarding defense of a dwelling and defense of self but also inserted a sentence in the defense of dwelling instruction that informed the jury that “self-defense is not available to someone who is being forced out of a dwelling by an individual who is lawfully defending the dwelling.” Applying the instructions, the jury convicted Defendant of aggravated assault. The Supreme Court affirmed, holding (1) the defense of dwelling instruction should be given when necessary to inform the jury regarding the legal principles that govern the case, even if it is the alleged victim who defended his or her dwelling, rather than the defendant; and (2) the trial judge did not err in giving the pattern instructions regarding defense of a dwelling and defense of self, but the addition to the pattern instructions misstated the law; however, the error was harmless.
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