State v. Devens
Annotate this CaseDefendant was charged with third-degree assault. Defendant’s defense theory was that he acted in self-defense during a hallway confrontation with a non-resident of his apartment building. Before the case was submitted to the jury, the district court instructed the jury that Defendant had a duty to retreat if reasonably possible before acting in self-defense. A jury subsequently found Defendant guilty of third-degree assault and the lesser included offense of fifth-degree assault. The court of appeals affirmed. The Supreme Court affirmed, holding that Defendant had a duty to retreat if reasonably possible while in a non-exclusive hallway of his apartment building.
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