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COLEMAN v. STATE

320 A.2d 740 (1974)

Bennie Love COLEMAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 19, 1974.

Attorney(s) appearing for the Case

Karl Haller, Asst. Public Defender, Georgetown, for defendant below, appellant.

Lawrence B. Steele, Deputy Atty. Gen., Georgetown, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, and CAREY and DUFFY, Associate Justices.

HERRMANN, Chief Justice: (for the majority of the Court)

The defendant seeks review of his conviction for assault and battery on the ground that the Trial Court improperly charged the jury as to the defense of justification. The instruction included the following:

"* * *. The use of force upon or towards another is justifiable when the defendant reasonably believes that such force is admittedly necessary for the...

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