State v. King
Annotate this CaseAfter a jury trial, Defendant was convicted of felony assault with a weapon. Defendant appealed, arguing that the district court erred in instructing the jury on the affirmative defense of justifiable force use of force. Specifically, Defendant argued that the instruction was inconsistent and contradictory to another instruction given on the issue of Defendant’s duty to retreat. The Supreme Court affirmed, holding that, based upon all of the evidence Defendant and the State presented at trial, the district court properly instructed the jury on the affirmative defense of justifiable use of force.
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