State v. Henley
Annotate this CaseAfter a jury trial, Defendant was found guilty of assault in the third degree. The circuit court sentenced Defendant to thirty days’ imprisonment and increased Defendant’s bail from $200 to $2,000 cash only pending execution of sentence. The Supreme Court vacated the circuit court’s judgment of conviction and sentence, holding (1) the circuit court plainly erred in failing to instruct the jury on mutual affray; and (2) the circuit court abused its discretion in increasing Defendant’s bail from $200 to $2,000 cash only. Because there was sufficient evidence for the conviction, the matter is remanded for further proceedings consistent with this opinion.
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