State v. Berriel
Annotate this CaseDefendant was convicted of aggravated assault for stabbing the victim. At trial, the district court instructed the jury on self-defense. However, the court refused to instruct the jury on defense of a third person because it determined that Defendant's theory that he stabbed the victim in defense of a third person was not supported by the evidence. The court of appeals affirmed, concluding that a jury could not reasonably have concluded that the third person was in imminent danger at the time of the assault. The Supreme Court affirmed, holding that there was no basis in the evidence to support Defendant's theory that he acted in defense of the third person when he stabbed the victim.
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