State v. O'Bryan
Annotate this CaseAfter a jury trial, Defendant was convicted of assault in the second degree and attempt to commit assault in the first degree. Defendant appealed, asserting that the trial court erred in its instructions to the jury. The Supreme Court affirmed, holding (1) the trial court correctly charged the jury on the subjective portion of the subjective-objective test for determining entitlement to self-defense; (2) the trial court properly charged the jury that Defendant was required to demonstrate that she had actual knowledge, rather than merely a reasonable belief, that the victim had violated the terms of their mutual combat by agreement; and (3) the jury instructions properly articulated the State’s burden of proof with respect to self-defense generally and combat by agreement specifically.
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