STATE v. DALEY


440 A.2d 1053 (1982)

STATE of Maine v. Martin J. DALEY.

Supreme Judicial Court of Maine.

Decided February 9, 1982.


Attorney(s) appearing for the Case

Janet T. Mills, Dist. Atty., J. Scott Davis, Asst. Dist. Atty. (orally), South Paris, for plaintiff.

Peter J. Becker, Bridgton (orally), for defendant.

Before McKUSICK, C. J., and GODFREY, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.


McKUSICK, Chief Justice.

Following a jury trial in Oxford County, defendant was convicted of the Class D crime of assault, 17-A M.R.S.A. § 207 (Supp.1981), and sentenced to 364 days in the Maine State Prison. His appeal challenges the Superior Court justice's instructions to the jury on self-defense. Finding obvious error in that charge, we vacate the judgment of conviction and remand for further proceedings.

The assault at issue was described at trial...

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