State v. Lee
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The Supreme Judicial Court vacated the judgment of conviction for assault and violation of condition of release entered by the trial court after a jury trial, holding that the court erred in instructing the jury concerning the justification of defense of property set forth in Me. Rev. Stat. 17-A, 105.
After a second trial, a jury found Defendant guilty of violating a condition of release. Defendant appealed, arguing that the trial court erred in instructing the jury concerning the justification of defense of property. The Supreme Court agreed and remanded the matter for a new trial, holding (1) the trial court's oral and written instructions concerning the statutory justification of defense of property was erroneous in more than one respect; and (2) the errors were highly prejudicial and constituted obvious error.
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