Burke v. Mesniaeff
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The Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's judgment rendered in favor of Defendant after the jury found that, although Defendant had perpetrated an intentional assault and battery on Plaintiff, his use of physical force was justified, holding that the trial court improperly instructed the jury, but the error was harmless.
Specifically, the jury found that because Plaintiff was trespassing at the time of the incident and Defendant was acting in the defense of others, Defendant's use of physical force against Plaintiff was justified. The Supreme Court affirmed, holding (1) the trial court improperly instructed the jury on criminal trespass and defense of premises, but the improper jury instruction was harmless because the evidence was sufficient to support the jury's independent finding with respect to the special defense of defense of others; and (2) the evidence was sufficient to support the jury's finding that Defendant was acting in defense of others when he used physical force against Plaintiff.
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