STATE v. TORRES

No. 16629.

619 P.2d 694 (1980)

The STATE of Utah, Plaintiff and Respondent, v. Eugene Frank TORRES, Defendant and Appellant.

Supreme Court of Utah.

October 17, 1980.


Attorney(s) appearing for the Case

Bruce C. Lubeck of Salt Lake Legal Defenders Association, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


CROCKETT, Chief Justice:

Defendant appeals from his conviction by a jury of aggravated assault with a deadly weapon upon a Salt Lake City police officer.1

The defendant does not deny striking the officer with the latter's nightstick, but claims that he acted in self defense. The error he relies on is the failure of the trial court to give the jury his requested instruction to the effect that the defendant need not prove his defense...

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