State v. Carnes
Annotate this CaseAfter a jury trial, Defendant was found guilty of two counts of assault on a peace officer or judicial officer. Defendant appealed, arguing that the district court erred by failing to instruct the jury that the State was required to prove mental state as to every element of the offense. The Supreme Court reversed, holding that the given instruction’s failure to require that the jury find Defendant had acted purposely or knowingly with regard to the victims’ identity as police officers relieved the State’s burden to prove Defendant’s awareness that the deputies were in fact peace officers, and the error clearly prejudiced Defendant.
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